Is it illegal to default on overtime pay? I work in a hotel and get off work at night. The hotel gave a verbal notice this month without the consent of the staff.

1. It is a violation of the labor law and the labor contract law to pay overtime. Laborers can collect evidence of arrears of overtime pay from relevant employers and claim to pay the fees according to law.

At the same time, in view of the fact that the employer "fails to pay the labor remuneration in full and on time", which belongs to the situation stipulated in Article 38 of the Labor Contract Law, the employee may unilaterally terminate the labor contract according to law. If the laborer does not want to continue working in the employer, he can not only ask the other party to pay overtime wages according to law, but also terminate the labor contract with the employer according to law, and ask him to pay the economic compensation for the termination of the labor contract according to Articles 38, 46 and 47 of the Labor Contract Law.

2. Workers can complain to the labor inspection department after consultation, or apply for labor arbitration. Those who refuse to accept arbitration can bring a lawsuit, but the key to the problem is evidence that the unit is in arrears with overtime pay. This requires active and favorable collection.

Judicial basis: Articles 38, 46 and 47 of People's Republic of China (PRC) Labor Contract Law.