Careful Management Of Overtime System
Disputes over overtime pay a large proportion in labor dispute cases and show an upward trend year by year.
With the strengthening of the legal concept of employees, enterprises should pay more attention to the prevention of legal risks in labor relations.
To this end, Jia Fuchun, a lawyer in the "eight legal details management of labor relations", specially invited the lawyer of Beijing Road source law firm to explain how HR started from the small place to find loopholes in labor relations management.
Establishing a perfect overtime system
HR of a company at the scene told Jia lawyer about a recent labor dispute:
The company recruited a business manager and later made a mistake because of his work. The unit wanted to terminate the labor contract with him, but the manager offered to work overtime during his job and asked the company to pay an overtime fee for himself.
The unit considers that the company has made rules, and the employees must apply for overtime work.
The unit leader has not signed the overtime work for the manager, so he does not need to pay overtime pay if he does not work overtime.
Jia explained the case in detail.
He stressed that enterprises must establish a perfect overtime system.
Overtime can be divided into employee active overtime and unit requirement overtime.
Employers can set up corresponding notification overtime and application overtime system according to two situations.
The key to control the overtime work of the unit is the overtime arranger.
The corresponding system mainly lies in regulating the permissions of overtime workers, the necessity and rationality of overtime arrangement, and the effectiveness of overtime arrangement.
Employees who apply for overtime work should be explained by the necessity of overtime work. After the approval of the unit, the employees' overtime party will be recognized.
At the same time, the system of units should indicate that employees are not encouraged to work overtime on their own. Without notice or approval, employees will not work overtime on their own.
Whether it is to arrange overtime work or apply for overtime work, the employer should make monthly overtime statistics, and sign the confirmation by the laborer.
If workers do not work overtime this month, they must also sign and confirm that they do not work overtime.
Overtime application system
Many enterprises have no restrictions on employees staying in the company after work, especially some office workers. If employers use time cards or devices to check attendance, they can not distinguish overtime. In such a case, it is very likely that they are considered to be working overtime, which is very unfavorable to employers.
To solve this problem, it is better to write articles on overtime system and design overtime applications, which can effectively avoid the occurrence of the above events and avoid company losses.
Overtime requests are generally the same, mainly including applicants, overtime reasons, overtime hours, departmental leaders' opinions and company leaders' opinions.
Of course, companies can also carry out general provisions in overtime system, such as overtime control, what level of leadership confirmation, etc.
In short, employers should take the initiative in overtime control, and can not allow employees to work overtime or overtime without any reason, so as to effectively prevent overtime legal risks.
In this salon event, Jia lawyer stressed the precautions that should be avoided in the overtime labor dispute. He will also explain the other labor disputes that should be paid attention to in the next salon activities.
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