Improving Regulations Can Reduce Overtime Disputes

In recent years, labor disputes caused by labor remuneration have been rising. Among them, there are many disputes over overtime wages.

There is a different understanding of the dispute over overtime pay in the management of enterprises and labor disputes arbitration and judicial practice, which also brings difficulties to the handling of disputes.

In January 8, 2016, the labor law branch of the Beijing labor and Social Security Law Society held a seminar on labor relations law and practice focusing on overtime wages.

And the calculation of cardinal numbers are discussed in detail.

Hu Jie, lawyer of Beijing Law Center, believes that with the increasingly fierce social competition and the accelerating pace of people's lives, "overtime" seems to have become a common form of work in modern enterprises. Labor dispute cases caused by overtime management also occupy a very high proportion.

Workers' right to rest is reflected by working hours and rest time. As some scholars have said, the so-called overtime problem refers to the labor dispute caused by the employer's work overtime due to the employer's occupation of his rest time, which is actually the violation of the right to rest enjoyed by the employer in accordance with the law.

According to

"Article forty-first provides that" employers can extend their working hours after consultation with trade unions and laborers because of the need for production and operation. They can not be more than one hour per day. For special reasons, it is necessary to extend their working hours. Under the condition of ensuring workers' health, the extension of working hours shall not exceed three hours per day, but not more than thirty-six hours per month. "

Therefore, overtime is to complete the continuous business needs or occasional additional work, rather than a normal job, otherwise it will lose the meaning of the "eight hour working system".

Hu Jie believes that even if the overtime payment is paid in full, enterprises should not arrange for workers to work overtime for a long time. Excessive labor will greatly reduce the work enthusiasm of workers and lead to lower efficiency.

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The ninetieth provision of the labor law stipulates that if the employing unit violates the provisions of this Law and extends the working hours of the laborers, the labor administrative department shall give a warning, order the rectification and impose a fine.

Therefore, overtime should be abnormal. Enterprises need to agree with workers. Overtime should pay wages beyond normal working hours to compensate workers' rest time.

Even so, excessive overtime is still subject to legal restrictions.

Lin Jianru, Vice Minister of rights and interests of Beijing Federation of trade unions, thinks that from the statistics of the trade union departments, nearly half of the labor dispute cases accepted by the trade union legal aid department relate to the wages and salaries of the employees, and the problem of overtime wages is the majority.

In practice, the issue of overtime and cardinality is very controversial.

After the dispute, the trade union Department of the enterprise can intervene in advance.

In view of the problem of overtime, enterprises conduct extensive democratic consultation and regulate in collective contracts.

Last year, the Municipal Federation of trade unions issued the "three year plan of collective bargaining for wages". By 2018, more than 85% of the construction enterprises will establish a collective wage consultation system. When the enterprises conduct independent collective wage negotiations, the contract can include important issues such as overtime pay.