Traditional Culture Encyclopedia - Hotel reservation - Due to seasonal reasons, a seaside resort hotel

Due to seasonal reasons, a seaside resort hotel

Due to seasonal reasons, every year from May to the beginning of 10, a seaside resort hotel requires all employees to work overtime. Employees work every day 10- 1 1 hour, and rest for four weeks in a row 1 day. However, the hotel guarantees that all overtime hours will be paid at 150% of the usual hourly wage, so all employees agree that Bilv has complied with these hotel regulations.

(1) What behaviors did the hotel violate the provisions of China's labor law and related laws?

(2) Can the agreement of all employees be the reason why Jiubian Eggplant Store requires overtime work? Why?

(1) The following acts of our hotel violate the provisions of the Labor Law and other relevant laws:

China's labor law stipulates that if it is necessary to extend working hours due to production and operation, it must be negotiated with trade unions and workers. The hotel asked its employees to work overtime without performing any formalities, which violated this regulation.

China's "Labor Law" stipulates that due to the needs of production and operation, employers can extend their working hours after consultation with trade unions and workers, generally not exceeding 1 hour per day; If it is necessary to extend working hours for special reasons, the extended working hours shall not exceed 3 hours per day and 36 hours per month under the condition of ensuring the health of workers. The overtime hours of the hotel also exceed the legal provisions.

According to the labor law, the employer shall ensure that the workers have at least one day off every week. Therefore, it is illegal for hotels to give employees only one day off for four consecutive weeks.

Regarding the payment of overtime, it is required to pay 150% of the standard salary for overtime work and 200% for overtime work on public holidays. Therefore, the hotel's overtime calculation method is not in compliance with the law.

(2) Can't be a reason to work overtime. Because the provisions of the labor law and related laws on working hours and rest time of workers are mandatory, even if the workers agree, they cannot be violated.