Overtime Is A Matter Of Overtime, Overtime And Legal Restrictions.

In recent years, cause

Labor disputes triggered by the rise, including overtime wage disputes.

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. Nearly 100 guests from government departments, courts, arbitration, enterprises and trade unions discussed various issues related to overtime pay, including administrative regulations, administrative examination and approval, and cardinal number calculation.

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 passed.

And the rest time reflects, if some scholars say, the so-called overtime pay problem is that the laborers dispute the labor dispute caused by the employer having occupied their rest time to arrange their work instead of paying overtime according to the regulations. The essence of this is the violation of the right to rest enjoyed by the employer in accordance with the law.

In accordance with the forty-first provision of the labor law, "employers can extend their working hours after consultation with trade unions and laborers because of the need for production and operation. They may not exceed one hour per day. For special reasons, it is necessary to extend their working hours. The extension of working hours under the condition of ensuring the health of workers is not more than 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, resulting in lower work efficiency, and will also lead to legal risks.

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.

So,

It should be unconventional. 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.

Xu Ting, an arbitrator of the labor and personnel dispute arbitration institute of Haidian District, Beijing, introduces the special working hour system as a supplement to the mainstream working hour system, that is, the standard working hour system.

In practice, there are still some enterprises that have not been approved by the labor administrative departments to abuse the special working hour system, and even under the banner of "special working hours", they should change their wages and extend their overtime time. If they do not strictly grasp the application scope of the special working hour system, they will seriously damage the legitimate rights and interests of workers.

According to the law, enterprises with special working hours must fulfill the administrative licensing procedures.

Xu Ting believed that the enterprises in the administrative area and the branches established by the foreign enterprises in Beijing need to have special working hours, and administrative permission must be granted. Otherwise, the special working hours of enterprises must be abolished.

At the same time, in the actual work, enterprises need to pay special attention to: changes in the name of the enterprise legal person, the comprehensive calculation of working hours or irregularly timed work system, the time limit for approval is full, and when the enterprises carry out comprehensive calculation of work hours and working hours, they must declare again. After the approval of the district and county labor and Social Security Bureau, the irregular work system and the comprehensive calculation work hour system are implemented.

Article thirty-ninth of the labor law stipulates that enterprises can not implement the thirty-sixth and thirty-eighth provisions of this law because of the characteristics of production, and other work and rest methods can be implemented through the approval of the labor administrative department.

The "other work and rest methods" mentioned here mainly refer to the comprehensive calculation work hour system and the irregular working hour system in the special working hour system.

For example, some industries such as tourism, fishing, shipping and so on are restricted by seasons and resources and need centralized operations. Some interruptions in railway, postal and telecommunication industries may affect the public interests of the society. For these related posts, enterprises can apply for comprehensive computation work hours.

Some jobs require mobile operation, or workers can arrange their working hours autonomously. Enterprises can apply for irregular work.