Beg for overtime labor arbitration dismissed, court support!Labor dispute in Chongqing lawyer said, the so-called overtime: refers to workers by employers and work needed outside working hours continued to produce labour or remuneration received by.
Chongqing labor lawyer said, according to legal of provides: employing units in holiday arrangements workers overtime of, should according to not below labor who I day or hours wage of 300% paid overtime wage; rest day employing units arrangements workers overtime of, can to workers arrangements compensatory and not paid overtime wage, if not to compensatory, should according to not below labor who I day or hours wage of 200% paid overtime wage.
Chongqing work injury Attorney profiles, integrated work system is respectively in week, month, quarter, year and other periodic, comprehensive calculation working time, but the average working hours and average weekly working time should be essentially the same legal standard working hours. Chongqing lawyer said company employees to one of the following conditions may implement comprehensive working hours system: (1), road and rail transport, post and telecommunications, shipping, aviation, fisheries, nature of work requires continuous operation (2), the geological and resource exploration, construction, salt, sugar and other sectors of the natural conditions of the season some workers.
Chongqing labor lawyer, irregular work system means there are no fixed time limits, is due to production characteristics of special needs, the nature of work or terms of reference, are continuously on duty or difficult to get to and from work, unable to apply standard working time or need for motor operation and uses a system of working hours of employees. Chongqing lawyers pointed out that corporate employees to meet one of the following conditions, you can implement flexible working system. (1) enterprise in the of senior management personnel, and field personnel, and marketing personnel, and part duty personnel and other for work cannot by standard work time measure of workers; (2) enterprise in the of long-distance transport personnel, and taxi driver and railway, and port, and warehouse of part handling personnel and for work nature special, needed mobile job of workers; (3) other for production features, and work special need or duties range of relationship, for implemented not timing work business of workers.
Chongqing lawyer stressed that implementing flexible work system posts the actual daily working hours should be essentially the same legal standard working hours, at least one day off per week on average; integrated work system workers ' average daily working hours and combined cycle of working days should be essentially the same legal standard working hours, and if you exceed this time, enterprises will be paid overtime wages.
Chongqing lawyer said, the so-called annual leave: refers to the nation in terms of working age and heavy labor tension for fixed annual period of paid holidays in a row. Chongqing lawyer points out that employees today work is 1 year and 10 years of age, years 5 days off has been 10 years and 20 years of age, annual leave of 10 days; aged 20 years, annual leave of 15 days. National statutory holidays, annual leave, rest days are not included in the holiday.
Chongqing labor dispute lawyer talked about, workers has following case one of of, not enjoy when of years vacation: (1) workers law enjoy vacations, its vacation days than years vacation days of; (2) workers please leave cumulative 20 days above and units according to provides not buckle wage of; (3) cumulative work full 1 years discontent 10 years of workers, please sick leave cumulative 2 months above of; (4) cumulative work full 10 years discontent 20 years of workers, Sick leave accumulated for more than 3 months; (5) cumulative workers who have worked for more than 20 years, sick leave accumulated for more than 4 months.