Overtime Work Is Not Allowed Once A Day'S Rest.

Units and workers at the beginning of an agreement to implement an irregular working system, a week off a day, a can also advocate overtime pay?

At the beginning of February 24, 2014, he applied to a certain Japanese chemical company in Zaozhuang for sale.

In March 10th, the daily chemical company signed a labor contract with the beginning of the year. The main contents are: the contract period is from February 24, 2014 to February 23, 2015; the first job is sales representative; according to the nature of the job, an irregular working system will be introduced at the beginning of the year; the salary before the first month of the tax is 1000 yuan; the assessment bonus is implemented according to the relevant regulations of the unit; and the working system is 6 days a week.

In November 10, 2014, he left early.

During work, a month's average

It's 2153.38 yuan.

In May 2015, a city to Zaozhuang central district.

The Arbitration Commission appealed against the daily wage of 8165.5 yuan from February 24, 2014 to November 10th.

After the Arbitration Commission's decision, the daily chemical company is dissatisfied and appealed to the court.

The court held that in the early days of a daily chemical company engaged in sales work, the labor contract has made it clear that a certain job at the beginning of an irregular working system.

The nature and working hours of a new job are special, not based on time, but by performance and workload.

The request for wages is not supported.

Accordingly, the court decided that daily chemical companies do not have to pay overtime wages.

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Xiao Zhang applied to work in Ji'nan A company in July 2014 and resigned in June 2015 to enter Ji'nan B company.

At the beginning of this year, Xiao Zhang resigned from B company and asked B company for his annual leave pay, which was rejected by the company.

Xiao Zhang applied to the local labor and personnel dispute arbitration commission to request the company to pay 300% days' annual salary of 5 days and a total of 1500 yuan.

B argued that Xiao Zhang did not enter the company until June 2015. He resigned in January 2016 and left the company for less than 12 months.

According to the trial of the Arbitration Commission, the third provision of the regulations on paid annual leave for employees stipulates: "the accumulative work of employees has been completed for 1 years, less than 10 years, and the annual leave is 5 days; the 10 year's less than 20 years' annual leave is 10 days; the 20 year's annual leave is 15 days."

The third article of the implementation measures for paid annual leave for employees of enterprises stipulates: "workers who enjoy continuous work for more than 12 months shall be entitled to paid annual leave."

The reply to the relevant issues on the implementation of the annual paid leave for enterprise employees (human society Office No. 2009] No. 149) clearly states that the "third consecutive workers' work for 12 months or more" in the implementation method of paid annual leave for staff and workers includes both workers' continuous work for more than 12 months in the same employer, as well as the continuous employment of employees in different employers for more than 12 months.

Therefore, Xiao Zhang has the legal basis to ask for annual leave treatment.

But Xiao Zhang was only a B employee in June 2014 and could not enjoy 5 days of annual leave.

The fifth provision for the implementation of paid annual leave for enterprises is stipulated in the following article: "the new employer of employees and those in accordance with the third provision of these Measures shall be converted to determine the number of days off during the annual period according to the days remaining in the unit, and those who are less than 1 days after conversion shall not enjoy the annual leave.

The conversion method stipulated in the preceding paragraph is: (when the days of remaining calendar days in the unit are 365 days), the number of days of annual leave that employees should enjoy in their entireties.

Xiao Zhang should calculate the days of paid annual leave in proportion and only enjoy 3 days of annual leave.

In the end, the Arbitration Commission ruled that B company paid 3 dollars 300% of the annual leave to Xiao Zhang for a total of 900 yuan.