Night Shift Allowance Is Not Equal To Overtime Pay At Night.

For the workers, there are at least 3 major difficulties for night shift allowance: where does night shift allowance belong? Can overtime pay instead of night shift allowance? How do we not pay for night shift? Allowance is a form of wage for Laborers under extra conditions or extra expenses.

Is the night shift allowance on night shift overtime?

"In the existing labor laws, such as the labor contract law, there is no stipulation of night shift allowance."

Huang Leping, a lawyer for rights protection, told reporters, "then, how should the night shift allowance be reflected? At least remind workers that local regulations are implemented according to local regulations, where the specific provisions are not specified in the locality, and if the units do not stipulate, they must be written into labor contracts."

Huang Leping believes that enterprises have the right to decide within the scope of autonomy.

Therefore, labor relations should be agreed in the labor contract.

Liu Qiang, who came to Beijing to work in Anhui, is a real estate property security officer. Although the boss has given them a raise over the past two years, there is no special night shift allowance.

While his fellow townsmen looked at articles at construction sites, he paid 15 yuan a night.

"At the time of signing the contract, I didn't think about this problem. Now I dare not mention it. I can't bear to go straight away." He Bire is in trouble.

Workers like Liu Qiang are not in the minority. Night shift allowance is called "mosquito meat" because of its low standard.

Even if we know that there are allowances for night shifts, we do not want to lose our rights because we do not want to lose our rights.

Experts say that

It is a compensatory labor reward that is different from the overtime pay at night.

Night shift allowance is a compensation or gain for work during the night, and is not necessarily related to working overtime at night. If night work is overtime, then the night shift allowance system should be implemented internally, and overtime wages should still be paid at night.

Experts cautioned that workers should be careful that many enterprises have issued a night job allowance for the night to cover up the truth that the overtime pay did not happen at night.

Reporters found that some workers did not work with employers.

If there is a labor dispute, experts believe that if the labor contract is not clear, if the unit does not owe wages, and is not lower than the minimum wage standard, the demand for night shift allowance may not be supported, and can only be regulated.

Lawyer Han Shichun thinks, "according to the principle of territorial management, if the workers are unreasonable in the night shift allowance, they can report to the local labor department, and the relevant departments will supervise the execution according to the existing standards.

However, the standard of night shift fees in many places is lagging behind and is not suitable for social development.