Several Problems That Should Be Paid Special Attention To In Overtime Work

Do you work overtime on weekends?

readers' letters

I am a technician in an enterprise, and I am often away from business.

Last month I went out on business all month, and I could not return on weekends.

But the unit did not pay for my overtime work on weekends.

At the end of last month, I expired and terminated the unit labor contract. I made a request to the unit to pay overtime fees for the rest days of the month, but was rejected by the unit and told me that there was no overtime pay on the two-day weekend of the business trip, which was included in the travel allowance.

I think the explanation of the unit is wrong, and I want to apply for labor arbitration. So I would like to ask you whether I can ask the unit to pay overtime for the weekend.

The reader's question is very common.

Overtime refers to the consensus between employers and employees, requiring workers to work on statutory holidays or public holidays.

Therefore, the problem is whether the employer should pay overtime on the weekends.

If the working day is not a normal working day, according to the forty-fourth provision of the labor law of the People's Republic of China, "under one of the following circumstances, the employing unit shall pay wages in accordance with the following standards: wages higher than the normal working hours of the workers."

(two) on the day of rest, workers can not be arranged to make up for rest and pay two hundred percent of their wages. "

That is to say, after working overtime on both weekends, the employer can arrange the rest of the rest, give the same time to make up for the rest, do not send overtime pay, and do not make up for the rest, the employer should pay overtime wages according to the standard of the labor law.

Therefore, like this reader during the business trip, if the normal work of the two-day weekend, the unit refuses to give you overtime pay without giving up your rest is against the labor law, and its essence is to deduct wages.

Two, if the workers do not provide labor on the public holiday, that is to say, the workers do not work but rest at the same time. They are only resting on business rather than in their place of residence. Under such circumstances, the workers are not working overtime, and employers do not need to pay extra work overtime.

Is Saturday training meeting overtime?

readers' letters

Our company occupies an average of 2 Saturday per month for internal training and communication meetings. All employees must attend, but when employees ask for overtime work, the company argues that these 2 days are only for staff training and meetings.

Excuse me, should I pay overtime?

Is this answer reasonable?

This question involves what is overtime.

We usually say overtime work is very good identification: in the work hours outside the boss called you work is overtime.

For those who do not work overtime, but also like overtime behavior, it is more difficult to grasp, and enterprises also take this vague concept of infringement of the interests of employees!

We must identify correctly why overtime is defined from the definition of overtime.

We usually say overtime, in fact, including overtime and additional points.

The so-called overtime refers to the workers in accordance with the requirements of employers, in statutory holidays, rest days to engage in work.

The additional point is that workers continue to work outside the standard 8 hours working hours per day according to the requirements of employers.

Identify the main points of overtime.

1. Overtime is required by the employers.

2, the content of overtime reflects the will of employers.

3. In addition to the standard working hours stipulated by the state.

Is it possible for an organization to conduct internal training and meetings on weekends?

Let's analyze the above points.

First, is the internal training and communication conference a requirement for overtime units?

This is of course.

The internal training is different from the training outside the unit. Generally, the employees are allowed to take part in the training. Moreover, according to the actual situation, although it is called training, but it is mostly internal business communication, it may be the concept that the unit wants to avoid overtime, so it is a bit like a meeting in essence.

Secondly, does the internal training and communication conference reflect the will of the unit?

Generally speaking, since it is a unit requirement, it embodies the will of the unit.

But there are a few exceptions, such as company bosses asking employees to do private work outside work hours.

However, in this case, internal training and communication meetings should reflect the will of the units.

Thirdly, is the internal training and communication conference outside the standard working day (the 2 Saturday)?

To sum up, the unit's internal training and communication meetings are all part of overtime work, and they should be given overtime wages in accordance with the relevant regulations.

If the enterprise wants to avoid this situation, it is better to carry out these training and meetings at work time.

With the development of society, employers will come up with various names and various ways to avoid overtime work.

But as long as you master the above identification methods, you can correctly judge whether it is part of overtime or not. Do you have the right to ask for overtime pay?

Can overtime pay be booked?

classic case

In May 2006 Miss Xu applied for A as a cashier.

The company proposes that if you want to come to the company, you must obey the company's overtime schedule and overtime payment regulations.

Miss Xu orally agreed to the company's request.

The two sides signed a labor contract. The monthly salary of Miss Xu was 2000 yuan.

Miss Xu worked for half a year and thought that the overtime work of the company was too serious. On the one hand, the body would not be able to afford it for a long time. On the other hand, if it was calculated according to the statutory standard, the overtime pay should be more than 500 yuan per month, and may exceed 1000 yuan in a single month.

So after the national day of 2006, she proposed the termination of the labor contract to the company, and asked the company to pay overtime wages according to the state standards, which was rejected by the company.

The A company said it had "advanced" the overtime pay of the workers, and paid it to Miss Xu according to the agreement.

There have been disputes with the company over the payment of overtime pay for employees. In order to avoid this kind of dispute happening again, A company orally agreed with employees that the monthly overtime wage is 200 yuan, which is distributed in the form of allowances, regardless of which post overtime wages will be implemented according to this standard.

A company requires employees to work overtime for a long time, which is illegal in itself.

Employers must pay overtime wages according to law according to the provisions of the labor law, and arrange overtime work hours for workers on normal working days to pay overtime wages.

From the point of view of labor law, overtime pay is one of the statutory remuneration of laborers. Employers should not refuse or deduct in any form.

Obviously, there is no legal basis for the A company's "reservation" for overtime pay. The company should make statistics on the overtime work according to the actual overtime and pay overtime wages according to the state regulations.

The 200 yuan is fixed monthly in the form of allowances, which does not meet the payment standard and payment method of overtime wages stipulated by the state.

As A company refuses to pay overtime wages, it has already constituted a violation of the employer's law. According to the regulations, the employer withholds wages or overtime wages, the worker has the right to propose the termination of the labor contract at any time, and may require the company to pay the economic compensation according to the regulations.

Application and recourse of overtime pay for labor disputes

Because the labor law stipulates that the time limit for the parties to apply for labor dispute arbitration is 60 days, so in practice, some people think that labor remuneration can only be protected for 60 days. That is, when the unit does not pay the wages on the appointed day, the worker should advocate within 60 days from the next day, otherwise it will not be protected by the law.

However, the higher people's Court of Shanghai and the Supreme Court of the people's Republic of China believe in the judicial interpretation of labor dispute cases that the employer's express refusal to pay labor remuneration, or that the time limit for the payment of labor remuneration has been expired or that the laborer's recourse to labor remuneration has been rejected is generally regarded as a dispute, and that the worker should apply for labor arbitration within the 60 day period stipulated by the labor law.

If the employer does not explicitly refuse to pay labor remuneration or admit that he has not paid the remuneration for labor, but the date of payment is not yet clear, the time for the occurrence of the dispute can be counted from the date of the employee's recourse.

This is because the employer fails to pay the salary on time, most of which will make a commitment to "wait for the economic situation to get better again" and "pay at a certain time".

In this case, the laborers have legitimate and reasonable expectations and should not be convinced that disputes have occurred.

Because the unit is in an advantageous position, the laborers are willing to accept their wages when they are willing to work. Therefore, the occurrence of disputes can be widely understood.

In view of the stipulations of the Provisional Regulations on wage payment of the Ministry of labor, the employer must record in writing the amount, time, name and signature of the worker, and keep it for more than 2 years. Therefore, when the worker applies for labor arbitration within 60 days from the date of the dispute on the labor remuneration, the limitation of the amount of labor remuneration in fact is limited to 2 years.

The labor remuneration for recourse for more than 2 years is limited by the employer's no objection.