Many Disputed Units Should Be Responsible For Proof

Wei worked for a company and signed for 2 years.

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In September 26, 2015, the company asked Wei to handle the resignation procedure, but did not issue any written evidence.

Wei said on the spot that he could not accept the company's request, and suggested that if the company terminates the labor contract, it should be compensated according to the relevant provisions of the labor contract law.

In September 30th, the company issued a notice of dissolving the labor contract to Wei, which was unable to do the job and was unable to do the job after adjusting the position, unilaterally relieved the labor contract and refused to give any.

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Wei refused to accept it and submitted an arbitration to the local labor and personnel dispute arbitration commission, requesting the ruling company to pay compensation for 3 months' wages.

In the trial, the company did not provide evidence to prove that Wei was no longer qualified for work and post adjustment.

In the absence of mediation, the Arbitration Commission decided to support Wei's appeal.

Comment and analysis:

The sixth provision of mediation and Arbitration Law stipulates: "when a labor dispute arises, the party shall have the responsibility to provide evidence for his own proposition.

The evidence relating to the dispute is under the control of the employing unit, and the employing unit shall provide it. If the employer fails to provide the evidence, it shall bear the adverse consequences.

Because the company did not provide evidence to prove that Wei was not qualified for the job and was still unable to work after adjusting posts or training, he should bear the consequences of losing the lawsuit.

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Since August 2013, Xu has been responsible for after-sales service in an electronics company.

Where the company sells its products, where the after-sale services of Xu's Department follow up, it's common for Xu to travel to other places.

In July 2015, when Xu was reimbursed for his travel expenses, he suddenly remembered that he ran around in the field all the year round. He often went out for business on weekends.

Xu went to the company's finance department and human resources department to inquire about it. The explanation of the company was that he had to travel on weekends instead of working overtime. Even if he counted overtime, he had a daily allowance of 80 yuan on his business trip, which included overtime pay.

Xu was not satisfied with the explanation of the company, so he consulted the local federation of trade unions.

The Federation of trade unions pointed out that under the standard working hour system, workers should travel overtime on their weekends and provide their own work.

After the coordination of the Federation of trade unions, the two sides finally agreed to deal with the following views: they should pay overtime wages according to the actual number of days before the date of the two-day weekend in 2015, and make up the rest time for the two-day weekend since 2015.

According to the forty-first provision of the labor law, overtime refers to the arrangement of workers working outside the statutory working hours after consultation with the trade unions and workers for the production and operation needs.

For workers with standard working hours, any work outside the statutory working hours should be counted as overtime.

In this case, whether a two-day business trip is considered as an overtime job depends on whether the worker has provided the work within the scope of his job.

If the laborer provides labor, according to the forty-fourth provision of the labor law, the employing unit shall pay a salary of not less than 200% of the wage.

If laborers do not provide labor, they are in a state of rest.

It is worth noting that business trips to and from weekends should also be included in overtime.

As for travel allowance, it can not replace overtime pay.

Travel allowance generally refers to the standard of accommodation, the standard of city pportation, the allowance for meals, and other allowances which are enjoyed by the employees on business trips, and its nature is economic compensation.

The nature of overtime pay is wage reward.

When working tasks require workers to complete their business on weekends, employers should not only grant subsidies, but also pay overtime wages.

Therefore, in order to avoid disputes arising from overtime work on weekends, employers should apply to the labor administrative departments for irregular working hours according to law.