I. Reasons for the legality of this act:
According to the Labor Law of People's Republic of China (PRC)
Article 36 The state practices a working-hour system in which laborers work no more than eight hours a day and no more than 44 hours a week on average.
Article 41 The employing unit may, due to the needs of production and operation, extend its working hours after consultation with trade unions and laborers. Generally, the working hours per day shall not exceed one hour. 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.
Article 90 If an employing unit violates the provisions of this Law and extends the working hours of laborers, the labor administrative department shall give it a warning, order it to make corrections, and may also impose a fine.
Second, according to the calculation of overtime reasons:
1, the meeting is actually a business exchange within the unit, so it may be called to avoid the concept of overtime.
2. The meeting is required by the unit and reflects the will of the unit.
3. Is the meeting outside the standard working hours? The internal training and communication meetings of small units are all on weekends, which are extended working hours outside the standard working hours.
Therefore, this kind of internal meeting belongs to overtime, and the unit should be required to pay overtime according to relevant regulations. If enterprises want to avoid this situation, it is best to conduct these trainings and meetings during working hours. In addition, if you encounter such a problem, you should be able to draw inferences. For example, as long as the employer takes the lead in organizing employees' cultural and sports activities on weekends and requires employees to participate, it should also be regarded as overtime.
Extended data
1. Overtime standard:
According to Article 44 of People's Republic of China (PRC) Labor Law:
Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of workers during normal working hours according to the following standards:
(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
Baidu Encyclopedia-People's Republic of China (PRC) Labor Law