How To Protect Workers' Right To Rest And Vacation

The employer illegally arranges the workers to work overtime, and the employing unit conceals the fact that the workers are working overtime. For this reason, on the eve of May 1, the newspaper invited the judges of the labor dispute professional tribunal of Daxing court to analyze some typical cases, with a view to promoting the standardized management of the employing units, ensuring the workers' right to rest and vacation, and reminding the laborers to keep corresponding evidence and protect their own rights and interests according to law.

From July 23, 2010 to October 5, 2012, Chen worked as a master manipulator in a manufacturing company. Chen claimed that during his tenure there were delays in overtime work, overtime on Saturday (only 2 days a month) and overtime on statutory holidays. However, a manufacturing company denied that Chen had been working overtime.

In March 2012, Chen applied for arbitration to Daxing Arbitration Commission, and Chen also sued Daxing court. In the course of the hearing, Chen submitted a salary slip. Pay slip It shows that Chen's basic salary is 4500 yuan, and the attendance is 22 days, and the actual salary is 3414 yuan. The calculation method of overtime pay shown in this wage line is consistent with the fact that Chen advocated only 2 days of rest per month. Thus, it is possible to predict the fact that Chen worked overtime in August 2012.

A certain manufacturing company expressed contradictions in the court trial about whether Chen worked overtime or paid overtime. A manufacturing company maintains that the basic wage in the payroll is 4500 yuan, meaning full attendance plus all the wages. Overtime pay It is not consistent with everyday expressions. The court refused to accept it.

Therefore, the court presumed that Chen had a rest day. overtime The situation supports Chen's request to pay a reasonable part of his day's overtime pay. Chen argued that a manufacturing company should pay for its delayed overtime pay and overtime wages during the period from July 23, 2010 to October 5, 2012, because it did not submit sufficient evidence to prove that the court did not support it. Finally, the court decided that a manufacturing company should pay more than 5 yuan overtime for Chen's rest day.

According to the interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases (three), the ninth provision states: "if a laborer claims overtime, he 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. Due to the weak ability to provide evidence, it is difficult to collect sufficient overtime evidence. Most workers are unable to provide direct evidence of overtime. Under such circumstances, labourers can provide clues to indicate the fact of overtime, such as wages, etc. If the worker has evidence to prove that the employer is in possession of the evidence of overtime facts, the employer shall not bear the adverse consequences. Where workers have preliminary evidence, the court will seriously examine relevant evidence and ascertain the fact that workers are working overtime as far as possible. In case the employer refuses to cooperate, the court will also presumed the fact that the workers are working overtime to protect the legitimate rights and interests of the laborers.