Can Comprehensive Working Hours Be Changed?

With "cycle, month, season and year" as the calculation cycle, the working hours should be flexibly allocated at no more than the total statutory standard working hours, and no more than 11 hours per day.

According to the Ministry of labor's "examination and approval of irregular working hours and comprehensive working hours" for enterprises, the comprehensive working hours are mainly applicable to workers who need continuous operations due to their special working nature in pportation, railways, posts and telecommunications, water pport, aviation, fishery, and other workers in geological and resource exploration, construction, salt making, sugar making, tourism and other industries restricted by seasonal and natural conditions.

If an enterprise needs to implement a comprehensive working hour system, it must report to the labor and social security registration department at the county level or above for approval.

At the same time, the approved enterprise should approve the decision and publicize it, clearly specify the type of work and personnel, and make it clear in the labor contract.

Since July, WAL-MART, Nanchang, Chengdu, Shenzhen, Harbin and other places have implemented the comprehensive working hour system instead of the previous standard working hour system, along with the adjustment of salary structure and calculation method.

The move caused some employees dissatisfaction.

What is the focus of the debate on "comprehensive hours"? Are employees' economic rights and labor rights damaged under the comprehensive working hour system?

The new working hour system will not affect revenue, the Chinese management official said, which is more in line with the pace of work in the retail industry.

The worry of frontline staff is that the new working hour system will affect the general wage adjustment next year, reduce wage income, increase labor intensity, and affect the normal right to rest and vacation.

Professionals pointed out that in China, the application of the comprehensive man hour system is restricted by strict preconditions and approval procedures.

The introduction of comprehensive working hours must be carried out through internal democratic procedures, external administrative examination and approval procedures, and negotiation and change procedures of labor contracts.

A few days ago, the Guangdong Provincial Federation of trade unions has made a clear statement: it opposes the implementation of the comprehensive working hour system for all the staff members of WAL-MART, and requires the trade union representatives of provincial stores and operation units to safeguard the legitimate rights and interests of workers.

According to the introduction, at present, the employing units of our country have implemented

There are 3 main types: standard man hour system, irregular working hour system and comprehensive working hour system.

According to the relevant regulations, under the standard working hours, the working hours of workers are not more than 8 hours a day, no more than 40 hours per week, and at least one day a week.

The irregular working hour system is mainly applicable to employees, such as executives, field workers, salesmen, etc. who can not be measured according to standard working hours, as well as workers who are long-distance pportation personnel, taxi drivers and some loading and unloading personnel.

The implementation of the comprehensive working hour system is restricted by strict preconditions in our country.

Shen Jianfeng, an associate professor of Law Department of China Institute of Industrial Relations, told reporters that the original labor department has carried out irregular working hours and comprehensive working hours for enterprises.

"There is a clear definition of the type of work and work that applies to the comprehensive working hours, but at the same time it preserves the expression of" other workers who are suitable for carrying out the comprehensive calculation of working hours ". Although this clause has left room for debate in legal practice, its working nature must be comparable with the method enumerated.

From the Ministry of labor, "the State Council on the working hours of workers," the answer is that other workers who are suitable for the comprehensive calculation of working hours mainly include two kinds of people: "workers who are also working or farming, or because of the constraints of energy and raw material supply and so on."

Shen Jianfeng believes that according to the above understanding, the implementation of the comprehensive working hour system by WAL-MART supermarkets is not in line with the existing law.

At the same time, the examination and approval procedures for comprehensive working hours are also strictly stipulated.

According to the relevant laws and regulations, enterprises need to implement the comprehensive working hour system, which must be submitted to the labor and social security registration department at the county level or above for approval.

At the same time, the approved enterprise should approve the decision and publicize it, clearly specify the type of work and personnel, and make it clear in the labor contract.