Piecework Wage And Overtime Pay

Xiao Guo entered a mechanical company in Tangshan City in August 2013 as a grinding worker.

The labor contract stipulated by both parties is that the wage standard is calculated according to the piece rate wage.

The company often arranges little Guo Jiaban, and the same price is paid during overtime.

In September 2014, Guo resigned from the company for his own reasons.

Later, in the process of law popularization organized by relevant departments, it is said that employees who have piecework wages, if the company arranges overtime, the unit price of the overtime work should be calculated according to 1.5 times of normal time and 2 days rest days.

Guo feels that he has worked overtime in the company, but the company has never paid overtime wages. In October 2014, he applied for arbitration to the labor and personnel dispute arbitration committee, and asked the company to pay 15000 yuan for overtime pay from August 2013 to September 2014.

Both sides insist on each other in the arbitration tribunal.

Guo believes that when the company arranges overtime, it should pay overtime according to the law according to the overtime wage standard.

The company said: the workload of the piecework system staff can not distinguish which output belongs to the statutory working hours and which belongs to overtime working hours. Therefore, when calculating the unit price of the product, the company has taken into account the factors of overtime work, so it does not agree to pay extra overtime.

After the trial, the Labor Arbitration Commission held that Kuo Kuo had the right to work overtime in the company, regardless of whether Guo was a piecework employee or a part-time employee.

Due to the fact that Kuo Kuo's output can not be clearly distinguished from the statutory standard working hours or overtime hours, it is reasonable to recognize that the company needs to pay more than 6000 yuan for overtime work combined with the actual attendance time of Xiao Guo.

Zhang Xuemin, a lawyer in Hebei Huasheng Tongda law firm, thinks that this is a typical case of overtime pay dispute.

The dispute between the two sides is: whether the piece rate employees should pay overtime wages.

The thirteenth section of the regulations on wage payment in Hebei stipulates the situation of paying overtime wages, of which second stipulates: "if the piecework wage is extended, the work hours shall be extended after the completion of the quota quota task, and shall be paid in accordance with one hundred and fifty percent, two hundred percent and three hundred percent of the unit price of the legal work hours respectively."

The third paragraph provides: "if the wage standard of labourers is not specified, I shall pay the total amount of wages in the same month as payment for overtime or extension of working time wages."

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The above stipulates that if the piecework wage is extended, the overtime wages shall be paid after the workers have extended the working hours after the completion of the quota quota task.

Zhang Xuemin lawyer reminded that in practice, many enterprises believe that the implementation of

The staff can only pay the wages according to the total amount and unit price of the pieces, and it is difficult to distinguish between the working hours of the statutory standard and the overtime time, so it can not calculate the overtime pay.

The main purpose of the piecework wage system is to encourage employees to improve work efficiency and increase production output.

Under the pure piecework method, it is difficult to calculate the overtime pay accurately, but it is difficult to calculate and do not exempt the unit from paying overtime.

If

All of them pay their wages according to the usual unit price, so they have to bear the legal consequences of overtime payment.

In fact, enterprises can change a way of thinking, based on the time wage, and perform piecework performance appraisal.

For example, the employee's monthly wage standard is 2500 yuan (in order to achieve a certain production premise), and each production of a product performance appraisal salary is 1 yuan.

This ensures that the employees have a basic salary. When calculating employees' overtime wages, the company can take the basic wage as the base, which is more convenient, which is consistent with the relevant laws and regulations for overtime pay, and can encourage employees to get more work and more money.