The Implementation Of Comprehensive Calculation Work Hours System, Employees Also Enjoy Annual Leave.

Q: part of the employees who work on the comprehensive calculation of working hours are consulted. The time they work in their units is to rest for a day on the day and work 11 hours or 12 hours a day.

The employees of these units apply for annual leave to the leaders. The leader takes the comprehensive calculation of man hour system different from the standard working hour system as an excuse, and refuses to take annual leave.

The two sides are divided on this issue.

Do these staff consultants have comprehensive calculation of the annual working hours?

Answer: according to the staff of Tianjin city's human resources and social security telephone consultation service center,

It refers to the comprehensive calculation of working hours for enterprises due to special working conditions or limited by seasons and natural conditions, requiring continuous arrangement of workers, and failure to implement standard working hours.

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The average working time of the cycle is basically the same as that of the statutory standard, and the workers are guaranteed to rest at least one day a week.

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"The second article provides that:" organs, organizations, enterprises, public institutions, private non enterprise units, employees of individual businesses and other units have worked for more than 1 years, and the unit shall guarantee employees to enjoy paid annual leave. "

Therefore, workers who are satisfied with this condition can enjoy paid annual leave.

Therefore, it is incorrect to say that "comprehensive calculation of employees' annual leave" is not correct.

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In 1982, the State Council promulgated the twelfth regulation on rewards and punishments for enterprise employees: "the administrative sanctions against employees are divided into: warning, record, record, demotion, dismissal, detention, probation and expulsion.

The above administrative sanction may be given a lump sum penalty. "

The sixteenth rule: "the amount of the employee's fines is determined by the enterprise. Generally, it should not exceed twenty percent of the standard wage of the month."

The Ordinance applies to all employees of enterprises owned by the whole people and enterprises of collective ownership by cities and towns.

It can be seen that the laws and regulations at that time granted the enterprises the right to make a fine, but not all enterprises have the right to impose a fine. Only the enterprises owned by the whole people and the enterprises of collective ownership of cities have the right to impose penalties.

Companies, enterprises with foreign investment, private enterprises and enterprises with multiple investment entities are not applicable to the regulations on rewards and penalties for employees of enterprises, nor do they have the right to impose fines on employees.

Even the enterprises owned by the whole people and collectively owned enterprises in cities and towns have been adjusted by the labor law since the implementation of the labor law in 1995. However, the labor law does not empower enterprises to impose fines on their employees.

In January 15, 2008, the State Council promulgated the decision on Abolishing Some Administrative Regulations (No. 516th of the State Council), clearly stipulates that the regulations on rewards and penalties for employees of enterprises have been replaced by the labor law and the labor contract law.

The regulations on rewards and penalties for employees in enterprises, including the penalties for employees, are therefore abolished.

However, the newly promulgated laws and regulations, such as the labor contract law, do not stipulate whether the enterprise has the right to impose a fine on employees.

However, in some parts of the local laws and regulations, enterprises can still find the basis for fines.

For example, according to the twelfth section of the regulations on the payment of wages in Jiangsu, when the laborers violate discipline, even if they do not cause economic losses, they may deduct part of their salaries as punishment. The deduction shall not exceed twenty percent of the workers' monthly wages. According to the thirty-fourth regulations of the Shenzhen staff wages payment Ordinance, the seventeenth regulations of the Hebei provincial wage payment regulations and the twenty-fourth regulations of the Shaanxi enterprise wage payment Ordinance, when the laborers violate discipline, even if they do not cause economic losses, they may deduct part of their wages as punishment, and the remaining part after deduction shall not be lower than the local minimum wage standard.

Guangdong and other places do not specify that enterprises can impose a fine on staff and workers, but there is no corresponding prohibition.

Is it appropriate for enterprises to impose fines on employees?

Judging from the trial practice of the court of Shanghai, the unit punishment involves the economic penalty and other contents, but it is a specific and phased one. It does not involve the lifting or alteration of the labor contract. The unit has the right to manage the laborers, usually not as a labor dispute case. If the disposition made by the employer involves the alteration or dissolution of the labor contract, or the economic penalty affects the basic livelihood of the laborers, it can be used as a labor dispute case.

In fact, to some extent, it acquiesce in the economic punishment right of employing units to violating discipline. To a certain extent, although the judicial administrative organs do not interfere with the internal production and management behavior of enterprises, in general, in view of the fact that some units often deduct the wages of the labourers in the name of a fine, the economic penalty affects the workers' basic life. Therefore, when trying such cases, the court will not only examine the legality of such economic penalties, but also examine its appropriateness and rationality.

First of all, enterprises can not "punish for punishment", but must have collective contracts, labor contracts or the rules and regulations of the employing units as the basis. Only according to the democratic procedure, the stipulation of fines issued by public notice or workers can be legally valid.

Secondly, enterprises should not "punish when they want to be punished", but should follow the principle of "small and reasonable, with rewards and punishments".

It is suggested that when the employer fines a penalty, it should also be aware that the total amount of the penalty shall not exceed 20% of the employee's income.

In addition, it should be fair and reasonable to have a reward and punishment in the rules and regulations and to make clear the reasonable use of the fine.