Do You Work Overtime On A Special Working Hour?

Q: I work in a commercial building, and I do not take a rest during the statutory holidays.

Therefore, even if the statutory holidays like New Year's day and Spring Festival still have to go to work, I never get paid overtime.

The reason is: I am a comprehensive man hour system, so there is no overtime pay.

I would like to ask: what is the comprehensive calculation of working hours? Just because of the "one stop" and the Dragon Boat Festival, is there still no overtime pay?

Answer: at present, there are mainly two types of working hours in the field of labor in China: one is the standard man hour system, the other is the special working hour system, including the comprehensive calculation of man hour system and the irregular working hour system.

There are differences between the two working hours in calculating overtime.

The standard working hours for workers are less than 8 hours per day and less than 40 hours per week. Employers should ensure that workers have at least 1 days' rest a week.

Comprehensive calculation of working hours is based on a certain period of time, such as weeks, months, seasons, years and so on.

The actual working hours of a specific day or week can exceed 8 hours and 40 hours in the comprehensive calculation cycle, but the normal working hours in the comprehensive calculation cycle should be the same as the statutory standard working hours, and the excess part should be regarded as overtime work.

How to judge

Is it beyond the statutory standard working hours? The quick method of weekly working hours is: weekly working hours = (7 days of the whole week * the actual working days per day during the working period) the number of days worked.

For example, workers who work at one stop and one day work 1 days a week, rest for 1 days, a working cycle of 2 days, 11.5 hours a day, and 7 weeks 1 hours (7 hours 1 hours 11.5 hours).

"Article forty-fourth (1) stipulates that another 150% shall be paid.

。

If the calculation result does not exceed 40 hours, it will not be counted as overtime.

However, even if the system of comprehensive calculation of work hours or irregular working hours is adopted, the payment of wages of 300% of the wages should be paid in addition to the wages in the statutory holidays.

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In August 2006, Xiaotian signed a labor contract with a shopping mall.

In December 31, 2014, the two sides terminate the labor contract.

During the work of the shopping mall, Xiaotian's archives have been kept in the local custody center and paid social insurance premiums on their own.

After the termination of the contract, the basic old-age and basic medical insurance premiums of the shopping mall should be 33 thousand yuan during the duration of the labor relations.

The shopping malls refused to return, and the two sides started a labor dispute lawsuit.

After labor arbitration, the case was brought to the local court.

The court held that the labor law and the social insurance law stipulate that employers should pay social insurance premiums for workers, and if the employers fail to fulfill their statutory obligations, the social insurance agencies are responsible for collecting them.

After the establishment of labor relations between Xiaotian and shopping malls, the shopping centres failed to pay social insurance premiums, and ODA paid their own social security premiums instead of the shopping malls to undertake part of their obligations as employers.

The shopping centre refused to accept the first instance judgment and appealed to the intermediate court.

The Central People's court believes that the employer has the legal obligation to pay the social insurance premium for the laborers. The mall has not paid the social insurance premium as the employer, and the small field pays its own social insurance premium jointly paid by the unit and the laborer by way of trusteeship.

Xiaotian's request was finally supported by law.