It's very hot in the factory on a hot day, but I still work overtime every day without heatstroke prevention measures, which infringes on our rights and interests?

Your problem should be solved from two aspects: working environment and overtime.

First of all, your situation should belong to a bad working environment. You can ask the employer to improve the working environment. In the long run, this will help improve the work efficiency of our employees, bring better services to the company and increase the economic benefits of the company. If this move is not soft enough, the employer ignores it or refuses to improve it, you have to ask for the termination of the employment contract, leave with the salary and find a better working environment. In fact, you don't have to hang yourself from a tree, but you can travel around the world with your skills.

Secondly, about the problem that you are always arranged to work overtime by your unit.

Article 31 of the Interpretation of the Labor Law: "The employing unit shall strictly implement the labor quota standards and shall not force or force workers to work overtime in disguise. If the employer arranges overtime, it shall pay overtime wages to the workers in accordance with the relevant provisions of the state. "

This article provides three meanings:

1. The employing unit shall not force workers to work overtime.

In order to ensure the combination of work and rest, safeguard their physical and mental health, ensure that they have the necessary time for cultural entertainment and scientific and technological study, so that they have the necessary time to do housework, educate their children and improve their health and living environment, our Constitution stipulates that citizens have the right to rest. In order to protect citizens' right to rest, the Labor Law stipulates a complete system of working hours and rest and vacation. This provision is a supplement to the working hours and rest and vacation system of the Labor Law.

At present, China's working hours and rest and vacation system are mainly reflected in the following three aspects:

1, implement the eight-hour working system for workers.

1994 labor law has made complete provisions on eight-hour work. In other words, the state implements a working-hour system in which workers work no more than eight hours a day and no more than 44 hours a week on average. The employing unit shall ensure that workers have at least one day off every week, which is the legal standard working time.

1995 the State Council promulgated and implemented the "Regulations on Working Hours of Employees in the State Council", which further stipulated the eight-hour working system on the basis of the labor law. That is, employees work forty hours a week. If it is necessary to shorten working hours when working under special conditions and special circumstances, it shall be implemented in accordance with relevant state regulations; This mainly refers to the working hours system that is less than the standard working day under conditions that seriously endanger health and poor working conditions.

2, the provisions of statutory holidays, annual leave and employee home leave and other leave system.

On New Year's Day, Spring Festival, International Labor Day, National Day and other holidays stipulated by laws and regulations, the employing unit must arrange employees to take vacations.

3. Limit overtime.

Overtime, also known as extended working hours, means that employers require workers to work outside the maximum daily working hours and weekly working days stipulated by laws and regulations through certain procedures.

In order to protect workers' right to rest and health, China strictly restricts employers from extending workers' working hours, and the labor law clearly stipulates that employers shall not extend workers' working hours in violation of the provisions of the labor law. In other words, under normal circumstances, employers are not allowed to arrange workers to work overtime at will.

According to the provisions of China's labor law, employers should pay attention to the following issues when arranging overtime for workers:

(1) First of all, it is really necessary to extend the working hours due to the needs of the production and operation of the employer. Production and operation needs mainly refer to the urgent production tasks and the need for continuous production, transportation or operation.

(2) Secondly, it must be negotiated with the trade union and approved by the trade union. If the employing unit decides to arrange overtime work for workers, it shall explain the reasons, the number of people involved and the length of time to the trade union, and extend the working hours with the consent of the trade union. If the trade union does not agree, it is not allowed to force workers to work overtime.

(3) Third, we should negotiate with the workers. If the employing unit decides to arrange overtime for workers, it shall further negotiate with the workers, because overtime needs to occupy the rest time of the workers, and overtime can only be arranged if the workers are willing. If the laborer does not agree, he cannot be forced to work overtime. Because workers' right to rest is a legal right, no one can be deprived unless the procedure is established according to law.

(4) In addition, the length of overtime arranged by the employer must comply with the restrictive provisions of the labor law. According to the provisions of the Labor Law, employers should strictly control the extension of working hours, generally not exceeding 1 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.

(5) Finally, under normal circumstances, the employer shall not ask employees to work overtime at will. However, in an emergency that endangers public safety and public interests, the law allows employers to extend the working hours of workers and appropriately break through the above provisions. According to the Labor Law and the relevant regulations of the state, the employer is not subject to the above conditions only when it arranges overtime work in the following circumstances: natural disasters, accidents or other reasons have seriously threatened people's life and health and property safety and need emergency treatment; Production equipment, traffic lines and public facilities are out of order, which affects production and public interests and must be repaired in time; During the shutdown period of legal holidays or public holidays, the equipment must be overhauled and maintained; In order to complete the urgent task of national defense, or other urgent production tasks arranged by the state outside the plan, and commercial and supply and marketing enterprises are completing the urgent task of purchasing, transporting and processing agricultural and sideline products; Other circumstances stipulated by laws and administrative regulations.

Two, the employer shall not force workers to work overtime in disguise:

In practice, employers force workers to work overtime in disguise, mainly because the labor quota standard is unreasonable and unscientific, which leads to the fact that most workers in this unit cannot complete production tasks within the standard working hours of eight hours. In order to complete the work tasks stipulated by the employer and get enough labor remuneration to maintain the basic life, workers have to extend their working hours beyond the standard working hours, thus forcing them to work overtime in disguise.

Three, the employer shall pay overtime wages to the workers:

Overtime pay refers to the labor remuneration obtained by workers who continue to produce or work outside the prescribed working hours according to the needs of the employer's production work. Workers who work overtime have extended their working hours and increased the amount of extra labor, and should be paid reasonably. For workers, overtime pay is a kind of compensation, because they have paid excessive labor. According to the Labor Law and the relevant regulations of the state, the employer shall pay the wages higher than the normal working hours of the workers, that is, overtime wages.

According to the provisions of Article 44 of the Labor Law, the specific criteria for paying overtime pay are: if workers are arranged to extend their working hours within the standard working day, they will be paid no less than 150% of the salary; If workers are arranged to work on rest days but cannot be arranged for compensatory rest, they shall be paid no less than 200% of their wages; If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.

According to this article, forcing workers to work overtime in disguised form should be regarded as extending the working hours of workers in violation of the provisions of the labor law. In order to complete the labor quota exceeding a reasonable amount, a laborer may, in accordance with the relevant provisions of the Labor Law and this Law, require the employer to pay back wages and overtime pay.