Traditional Culture Encyclopedia - Tourist attractions - What are the standard working hours in a month stipulated by the state?
What are the standard working hours in a month stipulated by the state?
Article 36? The state practices a working-hour system in which workers work no more than 8 hours a day and 44 hours a week on average.
Article 38? The employing unit shall ensure that workers have at least one day off every week.
Article 41 The employing unit may, due to the needs of production and operation, extend the working hours after consultation with the trade unions and laborers, which shall generally not exceed one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.
Extended data:
Types of working hours
1, standard work hours refers to the system of working days and working weeks that is generally applicable under normal circumstances and arranged according to normal work and rest methods. The standard working hours in China are 8 hours a day, with an average of 40 hours a week and at least one day off every week.
For workers who work by piece, the employing unit shall reasonably determine their labor quota and piecework remuneration standard according to the working hours system of not more than 8 hours per day and 40 hours per week on average.
2. Shortening working hours refers to the working hours system stipulated by law that the working hours of workers are shorter than the standard working hours under special circumstances. That is, working less than 8 hours a day. Shortening the working day applies to:
(1) Workers engaged in underground, high temperature, toxic and harmful, particularly heavy or excessively tense operations;
(2) Laborers who work at night;
(3) Female employees during lactation.
3. Extended working hours refer to working hours beyond the standard working day, that is, working hours exceed 8 hours on the same day and 40 hours per week. The extension of working hours must comply with the provisions of laws and regulations.
4, irregular working hours and comprehensive calculation of working hours. Flexible working hours, also known as flexible working hours system, refers to the working hours system without fixed working hours. Applicable to workers whose work nature and scope of duties are not limited by fixed working hours.
For example, senior managers, field workers, salesmen, some on-duty personnel, transportation workers and other employees who are suitable for flexible working hours due to production characteristics, special work needs or scope of responsibilities. Comprehensive working hours system, also known as comprehensive working hours system, refers to taking a certain period of time as a cycle.
A working hour system that centrally arranges and comprehensively calculates working hours and rest hours. That is to say, the working hours are calculated comprehensively with the cycle of week, month, quarter and year, but the average daily working hours and the average weekly working hours should be basically consistent with the legal standard working hours. Employees who meet one of the following conditions can implement comprehensive calculation of working days:
(1) employees in transportation, railway, post and telecommunications, water transport, aviation, fishery and other industries who need to work continuously due to their special nature; (two) some employees in industries limited by seasonal and natural conditions, such as geology and resource exploration, construction, salt making, sugar making, tourism and other industries; (3) Other employees who are suitable for comprehensive calculation of working hours.
Enterprises that implement the system of irregular working hours and comprehensive calculation of working hours shall, in accordance with the relevant provisions of the Labor Law, negotiate with trade unions and employees, go through the examination and approval procedures, and take appropriate measures such as centralized work, centralized rest, rotation and flexible working hours on the basis of ensuring the health of employees and fully listening to their opinions. Ensure employees' right to rest and vacation and the completion of production tasks.
The enterprise shall reasonably determine the labor quota or other assessment standards according to the standard working hours system for the workers who implement the irregular working hours system, and arrange for the workers to have a rest.
Wages are calculated and paid by the enterprise according to the wage system and wage distribution method of the unit, and according to the actual working hours of the workers and the completion of the labor quota.
For workers who meet the conditions of paid annual leave, enterprises can arrange for them to enjoy paid annual leave. Enterprises that implement the comprehensive working hours system can work more than 8 hours (or 40 hours) on a specific day (or week) within the comprehensive calculation period. However, the total actual working hours in the comprehensive calculation period shall not exceed the total legal standard working hours, and the excess shall be regarded as an extension of working hours, and the
Pay wages in accordance with the provisions of Item (1) of Article 44 of the Labor Law, and pay wages in accordance with the provisions of Item (3) of Article 44 of the Labor Law if workers are arranged to work on legal holidays. In addition, the average number of extended working hours should not exceed 36 hours per month.
5. Piece time
Piece-by-piece working time is a working hour system based on the completion of a certain labor quota by workers.
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