Comprehensive Calculation Of Man Hour System Can Not Be Agreed Upon.

In February 1, 2011, Huang applied for a company to work as an office clerk.

The two sides signed a labor contract lasting from February 1, 2011 to January 31, 2013.

According to the contract, the monthly wage of Huang Mou is 1800 yuan, and the comprehensive calculation work hour system is implemented. The working period is calculated at the age of two years.

In 1 years, the company asked Huang to work overtime for 110 hours, rest days for 15 days, and holidays for 2 days, with a total working hours of 1920 hours.

In January 31, 2012, Huang made a cancellation of the labor contract on the ground that the company did not pay overtime, and complained to the local labor and personnel dispute arbitration institution, which required the company to pay 4686.21 yuan for overtime and 1800 yuan for cancelling the labor contract.

The company believes that Hwang in the 1 years of the performance of the labor contract, the number of hours worked for 1920 hours, did not exceed the statutory 2000 hours of work hours, because Huang implemented a comprehensive working hour system based on the annual cycle, there is no overtime work, it should not pay Hwang overtime.

Huang asked the company to produce the approval document issued by the labor and social security administrative department for the comprehensive calculation of working hours.

The company says this is a contract between the two parties without the need for approval.

The arbitration case has ruled out arbitration.

The comprehensive calculation work hour system refers to the working hours calculated by cycle, month, season, year and so on. The average daily working hours and average working hours are basically the same as those of the statutory standard working hours.

。

The comprehensive computation work hour system originates from the labor department's "examination and approval method for the enterprise to implement the irregular working system and the comprehensive computation work hour work system" (labor department hair [1994]503 number third), that is, "the enterprise" is unable to implement the thirty-sixth and thirty-eighth regulations of the labor law because of the production characteristics, and it can implement other work and rest methods such as the irregular working system or the comprehensive calculation work hour working system.

The "measures" are based on "

"Thirty-ninth article" the enterprise because the production characteristic can not carry out this Law thirty-sixth and thirty-eighth stipulation, after the labor administrative department approves, may carry out other work and the rest method.

From this we can see that the comprehensive labor hour system must be approved by the labor administrative department first.

Without the approval of the labor and social security administrative departments, it is illegal for employers and workers to voluntarily agree to carry out the comprehensive calculation of working hours, which is prohibited by law.

"

"Article twenty-sixth provides that the labor contract which violates the mandatory provisions of laws and administrative regulations is invalid or partially invalid.

Therefore, without the approval of the labor and social security administrative department, the terms stipulated in the labor contract between the company and Hwang in the labor contract are invalid, which is not binding on Hwang.