Only Overtime Work On Rest Days Can Replace Overtime Pay.

Qi joined a garment factory in Ji'nan earlier this year.

The factory often works overtime, but has never paid overtime wages.

Recently, Qi had resigned on the grounds of too much overtime and asked the factory to pay 5200 yuan of overtime pay.

The factory consented to Qi Mou.

But refused to pay overtime wages.

Qi submitted an arbitration application to the local labor and personnel dispute arbitration commission, requiring the garment processing factory to pay overtime wages of 5200 yuan.

The factory argues that earlier this year, due to more orders, it was indeed arranged for Qi and so on.

However, since March, orders have been gradually reduced, and factories have arranged for them to make up for rest. Therefore, no overtime pay should be paid.

According to the trial of the Arbitration Commission, the forty-fourth article of the labor law stipulates that "under one of the following circumstances, the employing unit shall pay the following standard, which is higher than the normal working hours of the workers."

The wages pay: (1) arrange the workers to extend their working hours, and pay 150% of the wages paid not less than the wages; (two) the workers who arrange the work on the break day can not arrange the rest, and pay 200% of the wages of the wages; (three) the workers who work on the statutory holiday days should pay 300% of the wages paid.

In addition to working overtime on rest days instead of overtime wages, the employer can not replace overtime pay by working overtime instead of overtime pay.

After accounting, the rest of the day has been arranged to make up for rest. The Arbitration Commission ruled that the factory should pay an overtime wage of 4600 yuan.

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In July last year, Zhang went to a construction company to work as a laborer. The two sides agreed to pay 2800 yuan per month, but they never signed a written labor contract.

On the evening of October 22nd, Zhang was injured in a collision with a car on his way home from work and died after hospital treatment.

In September of this year, Zhang's father, Zhang's son and Zhang's wife applied for an arbitration application to the local labor and personnel dispute arbitration committee, requesting a construction company to pay two times the wage of 4853 yuan without signing a written labor contract with Zhang.

In the end, the Arbitration Commission supported the claim of two times the salary of Zhang's relatives.

Why do the close relatives have the right to claim two times the salary of the written labor contract before their death?

From the point of view of labor legislation, the labor contract law, mediation and Arbitration Law and other related laws all regard "protecting the legitimate rights and interests of workers" as the fundamental purpose of their legislation, and promote the use of human rights by law to fulfill the obligation of signing labor contracts, so as to protect the legitimate rights and interests of vulnerable groups.

Judging from the nature of the two times wage, the first paragraph of the eighty-second clause of the labor contract law stipulates: "when the employing unit has been working for more than 1 months from the date of its own employment for less than 1 years, it has not signed a written labor contract with the laborer. It should pay two times the monthly salary to the laborer."

We can clearly see from the articles of law that the composition of the two times wage has a dual nature. The first rate of wages should be the remuneration of the labourers, and second times the wage is the punitive damages payable to the employer in performing the statutory obligations within the statutory time limit.

In this case, a construction limited company failed to sign a written labor contract with Zhang. Its illegal activities directly resulted in the generation of two times wages and continued until the death of Zhang. The death of Zhang can only lead to the loss of his qualification as a laborer. However, the compensation that has been generated during the period of the existence of the principal qualification of the employee should be his legal personal property.

Judging from the main body of this case, according to the twenty-fifth provision of the labor dispute mediation and arbitration law, "workers die by their close relatives or agents to participate in arbitration activities."

In this case, Zhang's close relatives, as applicants, claim that the difference between the two times salary has a legitimate subject qualification.