Overtime Pay Can Not Be Paid By Voluntary Overtime Workers.

Tian Mou is a worker of a machinery company. The two sides have reached a consensus and signed a labor contract from February 1, 2016 to January 31, 2017.

The contract stipulates: Tian implements piecework wage system, monthly salary 2000 yuan + piece deduct a percentage of a sum of money, pay 15 days every month to pay, both sides pay social insurance premium according to the regulation to social insurance agency.

Tian due to family

In order to increase income, volunteer overtime 1 hours per day, the average monthly salary of 3500 yuan, the same position of the other workers receive a maximum of 3200 yuan.

In April 15, 2016, Tian filed a labor contract on the grounds of his family.

On the same day, after the leadership of the unit studied, he agreed to terminate the labor contract with him and issued a proof of the termination of the labor contract. The reason was put forward by the laborers and the two sides agreed on a consensus.

After the lifting of the labor contract, Tian took the normal working time of more than 8 hours per day for the reason, and asked the unit to pay 1 hours overtime per day.

In the trial, the company argued: for the overtime work, the unit has made specific provisions in the Employee Handbook: the unit does not encourage overtime work, and those who need to work overtime due to work need to submit overtime application in advance. Overtime must be examined and approved by the direct leadership, and the general manager will approve otherwise, otherwise it will not be recognized.

And specify: overtime without prior approval, delay not included in overtime.

The employee handbook was formulated in accordance with the law, and all staff members were organized for a period of 1 days of intensive study.

Tian Mou Wei

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It does not meet the requirements for overtime payment of the unit, and requests to reject the arbitration request of Tian.

The arbitration tribunal holds that the eighth provision of the Shandong provincial labor department and the Shandong Provincial Higher People's Court on certain issues concerning labor dispute cases is: "the rules and regulations formulated by the employer in accordance with the statutory procedures and the labor contracts and relevant agreements signed by both parties according to law, including collective contracts, can be used as the basis for handling labor disputes."

After patiently and meticulously explaining labor laws, regulations and relevant provisions to Tian, the court withdrew the arbitration request in court.

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In the course of work, whether the unit can make a claim for the loss caused by personal fault to the unit? Recently, the court concluded a case like this, and the court dismissed the lawsuit request of the unit.

Xiao Zhang entered a thermal energy technology limited company in 3 in 2014. At the end of 2014, Xiao Zhang ordered a control cabinet for missing. As a result, a project was forced to delay, and the company was forced to pay 40 thousand yuan for the developer's liquidated damages.

To this end, the company will dismiss Xiao Zhang, and labor dispute arbitration, requiring Xiao Zhang to compensate the company for the losses.

The Arbitration Commission ruled that the company's claim was dismissed and the company refused to accept the lawsuit.

After the trial, the court held that although Xiao Zhang had errors in his work, the labor contract signed by both parties did not explicitly stipulate the workers' liability for damages caused by work mistakes, so the company's claim for compensation for damages by Xiao Zhang was insufficient.

The court then made the decision.