强制加班

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强制加班、隐形加班时有发生,劳动者应如何维权?
Nan Fang Du Shi Bao· 2025-05-15 16:15
Core Viewpoint - The phenomenon of forced overtime and hidden overtime is prevalent, with some employers viewing overtime as a corporate culture to motivate employees to extend working hours and forgo vacations to create value for the company [1][7][8] Group 1: Trends in Labor Disputes - The number of labor dispute cases related to rest and vacation rights has been increasing annually, with 4,942 cases out of 11,440 total labor disputes from 2022 to 2024, accounting for approximately 43.2% of all labor disputes [2][3] - The number of cases adjudicated has risen from 1,266 in 2022 to 1,982 in 2024, indicating a consistent upward trend [2] Group 2: Nature of Disputes - Laborers' claims often involve multiple requests, including statutory annual leave wages, overtime wages, sick leave wages, and enforcement of labor contracts, reflecting a complex and intertwined nature of disputes [5] - Among the cases involving overtime wages, 705 cases (41.6%) pertained to delayed overtime, while 1,469 cases (86.7%) involved rest day overtime, and 792 cases (46.7%) related to statutory holiday overtime [5] Group 3: Reasons for Disputes - The primary reasons for disputes include statutory annual leave (3,479 cases, 70.4%), overtime wages (1,740 cases, 35.2%), and sick leave (227 cases, 4.6%) [6] - Cases where employers restrict laborers' vacation rights through regulations accounted for 598 cases (12.1%), while unreasonable refusals of vacation requests made up 421 cases (8.5%) [6] Group 4: Outcomes of Disputes - In the last three years, 76.9% of cases adjudicated in favor of laborers, with 32.7% of cases fully supporting claims for unpaid annual leave wages [6] - For overtime wage claims, 26.4% of cases fully supported laborers' requests, while 52.8% were partially supported [6] Group 5: Recommendations for Laborers - Laborers are advised to enhance their awareness of legal rights and maintain evidence of their work hours and communications to avoid disputes [8][9] - It is recommended that laborers carefully review labor contracts and company regulations regarding vacation rights and raise objections to any unreasonable restrictions [8][9]