Can We Pay Overtime For Piecework Wage?

Zhang is a first-line operator of a clothing company.

The labor contract signed between the two parties stipulate that the staff engaged in the production line shall implement the piecework wage system, and each employee shall receive wages according to his actual workload.

In the second half of 2014, the company received an urgent order and immediately organized staff to work overtime at night.

Although it is piecework wage, the longer the working hours, the higher the salary. But Xiao Zhang feels that the company pays more than 10 hours a day, while the company pays the overtime wage for the extended working hours.

To this end, she consulted the relevant departments.

The piecework wage system refers to a form of labor that a laborer determines the remuneration of labor by completing a certain quantity of qualified products or a certain amount of work.

For workers working on piecework system,

It should be reasonably determined according to the standard working hours.

Quota and piecework reward standard.

Due to linking production and wages, it can accurately reflect the actual amount of labor paid by laborers, and piecework wage system is favored by many enterprises.

But for piecework wage overtime, many enterprises do not mention it, often with the amount of money to live.

Shandong Enterprises

The twentieth provision stipulates that the enterprise arranges the workers to extend their working hours beyond the statutory standard working hours, and pays overtime wages according to the 150% of the hour wage base.

The twenty-first provision stipulates that enterprises with piecework wage system shall, in accordance with the labor quota standard formulated by the state or industry, combine with the actual situation of the enterprise, and seek the opinions of the enterprise union or the representatives of the staff and workers, reasonably determine the labor quota and the unit price of the piece.

After a worker completes the quota, the enterprise arranges its work outside the statutory standard working hours, and shall pay overtime wages at 150% of the unit price.

It can be seen that if the workers with piecework wages have completed the quota, if the company arranges overtime beyond the standard working hours, the workers can ask for overtime payment. The company can not prevaricate with the piecework wage that has been paid for the standard working hours, and also needs to pay overtime overtime (50% of the piece work wage outside the standard working hours).

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A Limited by Share Ltd of a construction group in Jiangsu has undertaken some construction projects in Juxian.

Zhao, a worker from Yunnan Province, employs employees and works on scaffolding at construction sites. He usually rents with his workmates in local houses after work.

After work in the afternoon of June 23, 2012, another employee of the company, Huang Mou, Jo and Zhang, went to the Rizhao City bus station to take over.

That night 10 o'clock, Huang drove a car to collide with an unlicensed tractor rear end, Huang and Zhao two people died on the spot, the other three people on the vehicle were injured.

According to the traffic police, Huang assumed the main responsibility for the accident, and the tractor driver assumed the secondary responsibility.

Zhao's parents, wife and children complained to the people's Court of Juxian, demanding that a construction group Limited by Share Ltd compensate for economic losses of over 58 yuan.

However, the company believed that Zhao did not perform the company's duties and should not be compensated by the company. Zhao had died in a road traffic accident and his relatives should claim the right to the accident party.

After the trial, the court held that Zhao had died in a traffic accident when he went to Rizhao City bus station to work with others. He was not appointed by the company and did not belong to the company's duties. The consequences of the death were not directly related to the company.

However, as a party who accepts Zhao's labor, the company should manage and restrict employees' behavior after work when Zhao and other employees are living in the local area.

In view of the fact that the company has no obligation to educate, manage and so on when Zhao and others go out at night, they have certain fault and should bear civil liability corresponding to their faults.

Accordingly, the court, as appropriate, ordered a Limited by Share Ltd of the construction group to compensate 20% of the economic losses of Zhao's relatives, totaling over 12 yuan.