There Is A Dispute Over The Overtime Pay Of Workers Living In The Company.

Security Lao Liu lived and worked in the company. He also had a part-time job. He thought that the company should pay some overtime pay.

According to Lao Liu, he is a migrant worker and works in a property company. He is mainly responsible for the security work of a residential building in the district.

There are two rooms in the gatehouse, and the other is the place where he works.

Usually from 6 a.m. to 10 p.m., he goes to work in the gatehouse, and there are also inspections in the afternoon and in the afternoon.

After 10 o'clock in the evening to second at 6 a.m., he can rest in the guard room, but if there is a sudden incident, he still needs to get up and deal with it.

Three meals a day, he cooks himself in the doorway and cooks himself in an electric stove.

It can be said that every day he works and lives in this guard room.

In addition, the company also arranged for a night elevator repair work to him, once the night building elevator failure, he should immediately notify the relevant personnel to come to repair.

Although the work is not too tired, the salary is less than 2500 yuan per month. After all, he is almost in the doorman's room all day.

He heard that only 40 hours a week worked overtime.

Now that he has no rest all year round, how can he never pay overtime? He immediately went to the personnel department of the company to ask for overtime pay.

It can be answered by personnel that there is no overtime pay in the case of him, because the company adopts a comprehensive calculation man hour system. He usually only lives in dormitories. The company has neither checked him nor asked him to leave the guard room all day.

He went out to buy vegetables, cook, cook, eat and even do private affairs and so on. After deducting time, there was no overtime.

He was a security guard, and the company's salary was slightly higher than the minimum wage in the city.

The company also subsidized 300 yuan.

Fei Lao Liu was confused and did not know how to refute.

Yin Weiyao, a lawyer in Shanghai sunshine Zhuo Zhong law firm, analyzed this: first, the State Council's regulations on working hours for employees are clear that workers work 8 hours a day and work 40 hours a week.

Comprehensive calculation

The working system is based on weekly, monthly, quarterly and annual comprehensive working hours, but the average daily working hours and average working hours should be basically the same as the statutory standard working hours.

Secondly, does the time for meals, vegetables and sleep count the working hours?

There is no legal provision for the length of meal in China. It should be stipulated by the two parties or stipulated through collective contracts and rules and regulations.

However, according to the nature of specific jobs and the degree of freedom of the workers' dining time, if the production work is uninterrupted, the shift of the staff on duty should be regarded as working time.

However, the time to go out to buy vegetables and do private affairs can not be counted as working hours.

At night, rest is also controversial.

Some think that they can be on duty; others think they can be counted as half the time.

It depends on the cross examination.

Finally, how to calculate overtime pay? During the comprehensive calculation period, the actual working hours of a specific day (or week) can exceed 8 hours (or 40 hours), but the total actual working hours in the comprehensive calculation cycle should not exceed the total statutory standard working hours. The excess part should be regarded as the extension of working hours, and the overtime pay should be paid according to the regulations (150% of my salary), of which the statutory holiday day arranges the work of the laborers, and the wage payment according to the law (300% of my salary).

Moreover, the average hours of extended work hours should not exceed 36 hours per month.

Yin pointed out that similar situations do exist in the security industry. The standard practice is to provide staff with special working hours for staff to pass over, while strict attendance system is considered.

As for the calculation of room and time, we should make it clear in the contract so as to avoid disputes.

This can also prevent the unit from confusing the concept and collectively to avoid paying overtime.