How Should The Working Hours Of Employees Be Determined According To The Actual Working Conditions?

In addition to the examination and approval of the labor administrative department, the special working hours of enterprises should also be centralized, centralized, rest and rest, flexible working hours and other appropriate ways to ensure employees' right to rest and vacation.

The average daily working hours and the average weekly working hours should be basically the same as the statutory standard working hours when the comprehensive working hours are implemented.

Liu has been working in a fashion company since February 2006.

In April 20, 2008, the executive side of the company signed a collective contract with the trade union, which stipulates that the unit should carry out the working hour system with an average working time of not more than 40 hours per week, and ensure that the workers will have at least 1 days' rest a week, regardless of the type of work done, their average working hours and average weeks.

The working hours should be the same as statutory standards.

From April 23, 2009 to April 23, 2013, the Municipal People's and social service departments should apply for the fashion companies. The permit actually carries out a special working hour system, of which the comprehensive calculation of working hours is all for years, including post weaving, sewing and packaging.

The cutting position of Liu is the hand sewing department.

The special working hours roster in 2010 contains "Liu, manual posts and comprehensive work system". Comprehensive calculation hours are implemented in 2011 and 2012.

There are "Liu Mou, hand sewing posts and special working hours" in the workers' register and irregular work system.

In 2010, Liu worked overtime for 1167.5 hours, 2011 hours worked overtime for 1106.5 hours, and from 2012 to June worked overtime for 459.5 hours.

From June 2011 to May 2012, Liu worked for 306 days, averaging 6 days a week.

In September 3, 2012, Liu worked out overtime labor and paid overtime wages on the grounds that the company did not pay in full. The two sides terminated their labor relations in September 10th.

After Liu complained to the local labor arbitration department, he asked the fashion company to pay overtime wages.

After the ruling of the Arbitration Commission, Liu refused to accept the case and filed it with the court.

The court held that, from the actual situation of Liu's work, he worked in the statutory standard working hours.

The peak season is only reflected in the length of overtime hours at ordinary times and weekends. The fashion companies have not arranged for Liu to take the rest and stop the rest during the off-season. Liu's post work and rest system is no different from the standard working hour system. Therefore, the fashion company should pay overtime wages to Liu at the standard working hour system.

The law stipulates that enterprises can not implement the standard working hour system stipulated in the labor law because of the characteristics of production, and they can implement irregular working hours or comprehensive calculation of working hours.

In this case, even though the fashion company has applied to the labor administrative department for the implementation of the comprehensive calculation work hour system on Liu's work, but due to the failure to strictly follow the requirements and requirements of the system in the implementation process, Liu has been in overtime overtime, so the law court ordered that the overtime pay be paid to Liu according to the standard working hours standard.