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Can Overtime Work Be Regarded As Overtime During The Business Trip?

2011/3/30 13:31:00 65

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I am a migrant worker in a company.

Labor contract

It is agreed that a fixed working hour system will be implemented, that is, 8 hours a day, and a rest on Sunday and Saturday.

A few days ago, the company assigned me to go out of business.

When I went there, I stayed on the train for 23 hours in a row, and so did I when I came back, that was 8 hours a day.

Excuse me, for more than 8 hours.

On the way

Time, can I ask the company to pay?

Overtime pay

Readers:

The situation you mentioned can not be regarded as overtime, and the company does not have to pay overtime wages to you.

Overtime refers to the arrangement of workers working outside the statutory working hours after consultation with trade unions or laborers because of the need for production and operation, that is, the extension of working hours in rest time.

labour law

"The thirty-sixth rule states:" the State implements a working hour system with a daily working time of no more than eight hours and an average working time of no more than forty-four hours per week.

Since then, the third provision of the State Council on the working hours of workers has been revised as follows: "workers work 8 hours a day and work 40 hours a week."

That is to say, under normal circumstances, the working time of workers exceeds 8 hours and the average working time is more than 40 hours per week.

However, it is not conducive to mobilizing the subjective initiative of the laborers, nor is it conducive to the improvement of the efficiency of enterprises and the normal development.

Therefore, to determine whether it is overtime or not, we must not take time solely as a criterion for recognition, but must also be supported by specific work content. We need to examine the validity and purpose of the work over time. We need to consider whether it is in line with the overtime contract in the labor contract, whether it is subject to the corresponding examination and approval, whether the worker has not got the rest, rest or other rest ways, and whether he actually provides the factors of labor and industry or post labor characteristics.

And your situation, except only the time

Regulations

Outside, there are no other relevant conditions: first, although the journey time can not be freely controlled, but during the period is only a ride, there is no actual work content, and there is no actual labor provided; two, in the journey time to the company does not belong to production and operation, and can not produce the benefits of production and operation; three, when you ride the train, you can rest as usual.

Moreover, in judicial practice, they usually exclude the time of commuting, the time of commuting on the road, the time to prepare for work, and the fact that they only stay at work and do nothing.