I have a friend that lives in China, and she is made to work overtime for free, is this legal?
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I have a friend that lives in China, and she is made to work overtime for free, is this legal?
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Hello, I have a friend that lives, and works in China, I was just speaking with her, and she was telling me that she is made to work overtime for free, by her boss. I'm wondering, is this legal in China, or is there any actions she can take against her boss for doing? I feel really sorry for her, as she is made to work from 9am, until 10:15pm. Thanks.
Additional Details
I found it, thanks ashy:
Article 31. Employers shall strictly implement the work quota standards and may not compel or in a disguised manner compel workers to work overtime. If an Employer arranges for a worker to work overtime, it shall pay him overtime pay in accordance with the relevant state regulations.
when i can choose best answer i will. :P
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Ashy
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Probably not! Check these out...it'a alot of reading though!
http://www.fpif.org/fpiftxt/3824
http://en.wikipedia.org/wiki/China_Employment_Law |
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thurmarshboy
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each country has its own Laws. What might be illegal here probably isnt there. China is a communist country. I doubt very much that they would pay overtime. It very probably isnt illegal there. There is nothing your friend can do about it (short of working in a different country).
Unfortunately overtime pay isnt a basic human right. |
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Alex
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If she is made to do this then no. It is a first sign of poverty and she should really talk to someone. |
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Beige Brown Blues
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not in the USA and if she works for a corperation..then no...
BUT ...if she works for an employee of the chinese government...who knows |
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saristin
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Just like in the UK i would say it depends. If she is paid by the hour then the hourly rate applies (like the minimum wage here). If however, she's on a salary, they can expect her to work overtime when needed without any extra money. Sometimes it is part of the contract, sometimes people would be informed about it in job interviews/negotiations. Unless it states in the contract that she will be paid extra for any overtime done (or get extra holidays when the hours are added up) I don't think that it is illegal, sorry. |
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x Freckles x
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No this is illegal. It is illegal in any country to expect someone to work for nothing. Making someone work for nothing is basically slave labour, and slavery is illegal.
In saying that, that actually happened to my friend here in the UK, she worked for the retail chain river island, and her paid shift was from 5pm-9pm, yet her manager would make her stay until 10pm to help tidy up the store without pay. Needless to say she left after about 2 weeks! Lol. You will need to get your friend to contact the chinese version of citizens advice. (i'm presuming they have this there). Hope everything works out x |
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sailor
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Its China, they all do what they are told |
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