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案例某服饰有限公司缝纫车间招用了30多名女民工,劳动合同一年一签。因业务较多, 公司要求她们加班,而这些女民工为了多挣点钱,也想加班工作。双方一拍即合,便在劳动合同里约定,她们自愿加班,每天工作12小时,公司按规定支付加班工资。3个月后,张某和李某感到工作时间太长,回家还要做家务带小孩,身体太疲劳,不想再加班。遂向公司提出不再加班的请求,但公司以双方在劳动合同中有约定,不加班就违反劳动合同并要承担违约责任为由,不同意张某和李某的请求。因此双方发生争议,张某和李某向当地劳动争议仲裁委员会申诉,仲裁委裁决该劳动合同中有关每日工作12小时的条款无效, 必须执行每日工作8小时的制度。
Case A Clothing Co., Ltd. sewing workshop recruited more than 30 women workers, labor contracts signed a year. Due to business more, the company asked them to work overtime, and these migrant workers in order to make more money, but also want to work overtime. The two sides hit it off, they agreed in the labor contract, they volunteered to work overtime, work 12 hours a day, the company paid the overtime pay as required. 3 months later, Zhang and Lee feel that the work time is too long, go home to do housework with children, the body is too tired, do not want to work overtime. Then the company made the request no longer work overtime, but the company agreed in the labor contract, the company did not overtime on the grounds of breach of the labor contract and to assume liability for breach of contract, do not agree with Zhang and Lee's request. Therefore, the two sides have disputes. Zhang and Lee appealed to the local Labor Dispute Arbitration Commission. The Arbitration Commission ruled that the clause on daily work of 12 hours in the labor contract is invalid and must implement the system of 8 hours of daily work.