Lingerie Brand CK Deep Factory Has Been Denied Compensation For Overtime Work

Reporters learned yesterday.

In the application for cancellation of the ruling to the Shenzhen intermediate court, the factory said that the Futian Arbitration Commission ignored the fact that the piece rate system of the company was based on the timing standard, which damaged the legal rights and interests of the company.

The resignation staff told our reporter that the factory had placed the employees' monthly "surface" overtime time in 36 hours, and squeezed the overtime pay of the workers by not punching and shrinking the actual overtime time, and deceived the labor department.

After the incident, a large number of employees in Shenzhen were resigned because of their low overtime pay. In 2002, Ou Dingtao joined the Sichuan woman worker and more than 10 colleagues in the same workshop.

Staff: the factory is playing tricks on overtime.

Ou Dingtao said that when she entered the factory in 2002, she had to work overtime almost every day at the end of last year.

But in order to meet the SA8000 requirements of the international social responsibility certification standard, Delis, an exporter specializing in export business, puts the overtime hours of his employees on the paper for 36 hours.

In order to achieve 36 hours overtime and complete the production task two, Delis made an article on the overtime hours of employees: during the day, punch card work for 9 hours, which included 1 hours of overtime (8 hours worked), and 6 hours to 9 hours in the evening did not rush to work, not overtime.

Saturday's eight or nine hour overtime is only 3 hours overtime on the books.

Ou Dingtao said, the company also privately agreed with employees, as long as the labor inspection department said, "no overtime work", second months bonus 200 yuan.

Ou Dingtao and three workers said that when they resigned at the end of last year, they applied to the Futian District Arbitration Commission for arbitration on the factory's arrears in the past ten years.

As a result of the law, employers only bear the burden of proof for the wages paid in the two years before the application for arbitration. Ou Dingtao and his colleagues did not have any proof of overtime before 2009. Futian Arbitration Commission made an arbitration decision in February 6th this year, ruling the factory to replace the European Commission and other three people from December 2009 to October 2011 overtime pay and related economic compensation and vacation pay from 9000 to 21000 yuan.

However, after the arbitration decision of Futian Arbitration Commission was made in February 6th, the party did not respond.

Manufacturer: do not accept any consultation and interview.

In February 23rd, Ou Dingtao and others applied for enforcement by the court.

Yesterday, Ou Dingtao and so on suddenly received the summons of the Shenzhen intermediate court. It was the news of the application of the tribunal to withdraw the arbitration result of the Futian District Arbitration Commission.

In the cancellation of arbitration application, Delis said that the final decision of the Futian District labor dispute arbitration commission ruled that Delis paid 21000 yuan of overtime and economic compensation to the euro. The result is "ignoring the fact of the piecework wage system. It is judged that the applicant fails to pay the overtime wages in accordance with the timed standard. It is not only applicable to laws and regulations, but also to serious errors."

"Sorry, we do not accept all forms of consultation or interview now."

Yesterday, reporters tried to interview the lawyer, but refused.

Legal aid lawyer

Ou Dingtao, a lawyer for Guangdong Sheng Sheng law firm, who has legal aid for Yu Zhiming, said that basically, there is no piecework wage without time wages, which are not completely isolated and can be converted to each other.

As we all know, in the history of wage development, there is a time wage first. Later, in order to improve the efficiency of labor, we invented the concept of piecework wage, but the unit time workload of piecework wage is not determined by the person in charge of the enterprise.

Yu Zhiming said, "if most workers fail to complete the quota in normal working hours, and the company also thinks that overtime is only a" normal work "for workers to complete the production quota, then the rationality of the standard quota should be considered.

It is reported that the application for cancellation of arbitration will be held on Friday.