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Two Workers Work Overtime, Do Not Forget To Leave Evidence.

2010/9/26 16:10:00 88

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along with

Mid-autumn Festival

,

National Day

As the holidays approached, many people began to talk about how to connect the two holidays this year, and take a "longest vacation in history", but there are also many people who need it for holidays.

overtime

And distress.

For workers engaged in real estate, catering, shopping, sales and security, overtime work has become a norm, and some are still working overtime without compensation.

Many people can not help complaining: "can not rest during the holidays, overtime and no overtime pay, too bad?"

According to the recent announcement of the Supreme People's court, since the promulgation and implementation of the labor dispute mediation and arbitration law, the cases of workers' prosecution of overtime pay to employers have increased significantly.

But there are also surveys showing that the rate of winning the case of overtime pay is relatively low.

According to statistics from the legal aid and research center of migrant workers in Beijing, 30% of migrant workers who claimed overtime pay when they were dismissed were defeated.

For a long time, when the laborers are forced to work overtime, work overtime, and advocate overtime work, it is a common problem to face the burden of proof.

"Self certification" needs to be heated in pursuit of overtime pay.

In September 14th, the Supreme People's Court issued the interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases (three), of which ninth stipulates that workers who advocate overtime pay shall bear the burden of proof on the fact of overtime.

However, the workers have evidence to prove that the employer is in possession of the evidence of overtime facts, and the employer does not provide the employer with adverse consequences.

Once the judicial interpretation was released, the recourse and calculation of overtime pay aroused widespread social debate.

Some netizens believe that it is necessary to provide evidence for workers to ask for overtime work, which is undoubtedly more difficult for workers to safeguard their rights.

However, there are also legal personages who believe that this provision is to use legal means to urge employers to produce factual evidence, which is beneficial to workers' rights protection.

Due to the approaching of the Mid Autumn Festival and the National Day holidays, some netizens also calculate that the overtime pay obtained during the Mid Autumn Festival and national day period can reach up to one month's salary.

The hot debate is hot, but for most workers who are forced to work overtime, they have to accept the overtime requirement of unit holidays. Even if the unit does not pay overtime, they can only choose to swallow it.

"Overtime is easy to prove, unless it is torn apart from the unit".

"Unless you don't want to work in this unit, who would dare say," I will not work overtime without overtime pay? "Wang said.

Wang Ming is a marketing officer of a real estate development company in Dalian.

According to the company's requirements, he works eight hours a day, five hours, and takes 1.5 hours of lunch break. The working time is 7.5 hours a day, and he takes a day off every week.

"There are so many tasks that we can't even have enough time to eat. Sometimes we have to work until ninety in the evening to get off work, and we are more busy at weekends.

According to Wang Ming, according to past practice, the mid autumn festival may only take a day off, and the national day can only rest for three or four days, every year.

"I have worked for three or four years and often work overtime. I have never seen a penny of overtime pay."

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"Leaders always give verbal notices, and do not send documents or anything to tell you to work overtime.

We are meeting every morning, naming and recording attendance, but the attendance sheets are all kept in units, but not in the hands of employees. How can we keep the cards? "Wang Ming said," not only is our company like this, but basically the same is true in the industry.

If you want to pay overtime, unless you break up with the unit, other companies in this circle do not expect you to go. "

Xiao Liu, a courier of a postal company in Xicheng District, Beijing, once consulted a lawyer on overtime pay, but was disappointed at last.

Xiao Liu signed a part-time labor contract with a labor dispatch company and was dispatched to a post company as a courier.

"According to the contract, I work every day, and the working hours should not exceed 4 hours per day.

But there are many Express items to be sent every day. Actually, I often do five or six or even seven or eight hours a day.

Xiao Liu said.

"I work overtime every day, I want to work overtime, but I have no evidence to prove that I do work overtime very often.

If there are no units, there is nothing I can do. "

Xiao Liu said.

Lawyer suggested that Xiao Liu must sign his name when the courier should sign his name when signing the express. This is a way of retaining evidence.

Xiao Liu often does not want to sign because he has to send many express tickets every day.

"Even if you sign your name, the last express order is kept in the company and the customer. We do not have it in our hands unless we photocopy it.

There are so many Express items per day. The cost of photocopying is really too great. "

Xiao Liu said.

In a reporter's interview, only a salesperson from the Zhongyou department store said, "Mid Autumn Festival and national day is definitely not a rest, but you can get 3 times the salary!" the rest of the respondents indicated that they may need to work overtime during the holidays, but there will be no overtime pay.

"We must have the sense of retaining evidence, but at present, the burden of proof is still hard to solve."

"According to the current situation of contact, when workers maintain their rights, it is relatively easy to claim rest days and holidays, and it is difficult to pay overtime."

Guo Xingchang, a lawyer at Beijing's Xiang Shi law firm, said, "basically, many workers have no sense of preserving evidence and safeguarding their rights and interests, which leads to the problem of no proof when claiming rights and interests."

Guo suggested that there are many kinds of evidence that can be retained according to the nature of the work.

If the unit's attendance sheet is copied, and at least the head of the department or the leader in charge, or the official seal of the unit, it can also reflect as many attendance records as possible.

When we advocate rights and interests, we can take this as a proof, and combine other evidence, such as witnesses, recordings, etc., and ask the units to produce the annual attendance table as evidence for overtime.

In addition, labor contracts, unit work permits, entry cards, work cards, rules and regulations for working hours and rest time, written records of overtime notification, relevant business records, photographs and recording can be retained as evidence.

But another practical problem is that because some units or companies are not standardized in management, or in order to avoid leaving evidence for workers to claim rights and interests, they often do not sign contracts or avoid legal problems that may arise in various ways. Therefore, it is difficult for workers to collect evidence and Zhang Quanyi.

In the interview, reporters also learned that, because workers are often in a weak position in labor relations, although most of them are unable to claim their rights and interests, they often choose to give up their rights and interests.

According to the statistics of the legal aid and research center of the sincere migrant workers in Beijing, 107 of the 130 overtime cases were submitted for overtime pay after the termination of labor relations. The 82.3%., which accounted for the total number of cases, "does not require workers to establish a perfect attendance system, and the monthly attendance sheet must be signed and endorsed by laborers, while administrative management can not keep up with them, resulting in difficulties in identifying labor relations and advocating rights and interests."

Guo said, "this involves the whole labor order and labor relations, including the cooperation of the administrative departments, and how to manage the legal system."