Employees' Refusal To Work Overtime Is Not Always The Fault Of The Enterprise.

In some enterprises, overtime has become the norm. As laborers, they hope to safeguard their legitimate interests, and dare to say "no" for unreasonable overtime. However, overtime should also be divided into cases. If it is indeed the overtime work required by the post, and it is in conformity with the provisions of laws and regulations, then the workers may refuse to work overtime without justified reasons, and may be held responsible accordingly.

In August 20, 2014, Xiao Chui went to a power plant for electrical maintenance work. The two sides agreed to pay 3000 yuan a month, and signed a labor contract lasting 1 years from August 20, 2014 to August 20, 2015. In August 5, 2014, the power plant regulations and regulations adopted by the workers' Congress in the power plant clearly stipulated: "no reason for refusing to work overtime to carry out electric power rush repairs is a serious violation of the rules and regulations of the units, and the labor relations should be relieved." A power plant has issued the rules and regulations manual for Xiao Cui. Xiao Cui has read the manual and signed the manual. Then, a power plant also made this item in the supplementary clause of the contract. Appointment 。

In December 9, 2014, Xiao Cui received the urgent written notice issued by the factory office during the afternoon off hours and asked him to work overtime. The reason is that a large area of power failure, need urgent repair. But Xiao Cui came home from his family because he refused to work overtime. After that, a power plant decided to terminate its labor relations on the grounds that Xiao Cui seriously violated the rules and regulations of the unit. Xiao Cui applies to labor arbitration, requiring the unit to pay compensation for illegal labor relations.

At the arbitration tribunal, a power plant considered arrangements. overtime The situation is legal. Xiao Tsui refused to work overtime in violation of the rules and regulations of the power plant, and its termination of labor relations comply with the law, and therefore refused to pay the economic compensation for the termination of labor contracts. After trial, labor arbitration ruled: Xiao Cui advocated that labor relations should be restored and illegal compensation for labor relations should not be supported.

Li Hongwei, a lawyer in Hebei Huasheng Tongda law firm, analyzed the case. First of all, the arrangement of overtime work in the power plant is legal. According to the forty-second provision of the labor law, "the extension of working hours under one of the following circumstances is not subject to the forty-first clause of this Law:" (two) failure of production equipment, spanportation lines and public facilities, affecting the interests of production and the public, must be repaired in time; "

Therefore, the breakdown of public facilities needs to be maintained and not subject to overtime conditions. There is no fault for a power plant to arrange Xiao Cui to work overtime. Xiao Tsui refused to work overtime without legitimate reasons, which was contrary to the rules and regulations of the enterprise and the contractual agreement. Secondly, the rules and regulations of enterprises and labor contracts are legitimate. According to the fourth provision of the labor contract law, "employers shall formulate, modify or decide on labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits, etc. training of workers and staff The labor discipline and labor quota management, directly related to the rules and regulations or important matters concerning the vital interests of laborers, shall be discussed by the staff congress or all the staff members, and the proposals and opinions shall be put forward, and shall be determined by consultation with the trade union or staff representatives on an equal footing.

In the process of deciding on the implementation of rules and regulations and major matters, the trade union or the staff and workers consider it inappropriate, they shall have the right to propose to the employer and make amendments and improvements through consultation. The employing units shall publicized the rules and regulations and major matters directly related to the vital interests of the workers, or notify the laborers. In this case, Xiao Cui is familiar with the rules and regulations of enterprises, and a power plant does not violate the relevant provisions of the law by writing rules and regulations into the contract. To sum up, the termination of labor relations with Xiao Cui in a certain power plant is not a case of illegal release. Therefore, it is not necessary to pay the economic compensation for breaking the labor contract illegally.

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