How To Identify Overtime Rights In Irregular Working Hours?

After the expiration of the irregular working system, there is no clear provision on how to determine the rights and obligations of both parties.

The author believes that under such circumstances, it should be determined in accordance with the contractual stipulations of both parties and the actual working conditions of the workers.

The approval of the labor administrative department on irregular working hours is an administrative license.

Administrative license is a kind of inspiration.

The legal consequence of administrative license is that the administrative authorities grant the administrative counterpart to engage in a specific behavior.

In 2010, zhang signed a 4 year labor contract with a foreign marketing consultancy company, and agreed to work at irregular working hours.

In September 10, 2009, the approval of the company's special working hours was approved for a period of 3 years.

In December 27, 2013, the company renewed its application for irregular working hours, with a term of 3 years.

Zhang believes that after the expiration of the examination and approval in September 10, 2012, the company did not make timely approval.

Deal with, pay overtime 35395.8 yuan.

When the unit refused, Zhang applied for arbitration. After that, Zhang refused to accept the arbitration award and filed it with the court.

The court held that, although the examination and approval process had expired, the two sides did not change the contract and continued to perform according to the original contract.

If the company fails to handle the examination and approval procedures in time, it should bear corresponding legal liabilities.

The fifth provision of the Ministry of labor on implementing the provisions of the State Council on the working hours of workers and staff members stipulates that the system of irregular working hours can not be implemented in the light of the nature of work or the limitation of production characteristics, and can not be implemented for 8 hours per day and 40 hours per week.

According to the basic theory of administrative law, license expires.

After failing to stop the permit in time, the administrative counterpart shall bear the corresponding administrative responsibility or criminal responsibility, but this does not mean that the relevant contract terms of the man hour system signed by the administrative counterpart and the third party shall be invalid.

If an enterprise fails to apply for an application in time according to the regulations after the expiration of the time limit of the time limit, the administrative responsibility shall be borne in accordance with the provisions of the labor contract law and the labor protection supervision regulations. For the laborers, the wage system should be determined according to the actual situation of their work and the labor contract. If the working position and work content of the labourer have not changed, it is not appropriate to deny the contract agreement between the two parties for the implementation of the irregular working hours.