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 Wysłany: Czw 13:57, 13 Sty 2011 Temat postu: during holiday and MBT Women Chapa Birch Shoes |
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NewspaperDispatch (Zhu Yan plum exceeds the reporter) during holiday, "Overtime " the problem becomes heat to discuss a topic, among them many people show overtime to if wish,cannot be taken. Made be investigated on the net for this our newspaper, the netizen that has 87% among them expresses to do not have overtime. 87% informant do not have overtime
Participate in our newspaper new capital to sign up for a net (small gain) in the netizen of investigation, exceed a half to state two worked overtime, but the netizen that has 87% among them expresses to do not have overtime.
To " if did not get overtime, how can you do? " the person that has 70% expresses to be able to adopt the means that be slack in work to revolt, the unit talks things over or the person of 6% can be mirrorred to concerned respect. In addition, the informant that still has 3% expresses to be able to choose abdication.
Meal transportation industry works overtime much
In addition, the citizen that the reporter returns pair of disparate industries undertook interviewing investigating. Investigation shows, two the 1 phenomenon that comes 2 days works overtime during the section more general, also have National Day 7 days to need to work overtime entirely. Overwork employee basically beautifies hair in meal, hairdressing centrally, traffic is carried wait for an unit, but overtime pays a circumstance to also have each different.
Among them, units of many choose and employ persons did not pay overtime about the regulation according to the country,[link widoczny dla zalogowanych] on sale,, some units in order to extend " celebrate a festival cost " replace overtime with the means of gift.
Many citizen expresses, never had taken legal 3 times salary. In informant, only a hold post crosses state-owend enterprise trade at some, mr Wang that holds the position of director post expresses, the company can pay his overtime according to the standard of 3 times.
Beg overtime needs to save evidence
As we have learned, the labor dispute that arises because of working overtime in recent years, already exceeded 20% in case of work reward controversy.
Law helps worker Wu Jianxin express, did not get the worker of overtime, should seasonable to labor safeguard censorial branch is informed against, mention the effectiveness for a given period of time with arbitral labor does not exceed a year commonly, OK also to lodge a complaint. Wu Jianxin says, not long ago, highest courtyard publishs judicatory explanation, stipulate laborer recovers overtime to ought to assume quote responsibility, if evidence proves unit of choose and employ persons masters evidence, answer to be offerred by unit of choose and employ persons.
�� case
The member that sell " work overtime " without overtime
Report from our correspondent is interviewing investigation in, did not take the citizen of legal holiday overtime by 3 times standard, many belong to working hours the unit of the agile, duty when executing adventitious.
Ms. Liu hold post at sunny area company of a trade makes a sale, the company completes professional work for how, the client sees about during arranging her to be in two. But when she puts forward overtime, refuse by the company, the reason of the company is, original labor department and Beijing all stipulated the duty when adventitious is spent, unwell usage decides the regulation of holiday overtime.
In interviewing,[link widoczny dla zalogowanych] on sale,, the employee of unit of the duty when much name is errant expresses, festal job is to answer unit requirement.
�� code
Do not time the job is examined and approve by labor department
System of the job when adventitious is regulation of original labor department,[link widoczny dla zalogowanych] on sale,, formulary basis is labor law the 39th " the enterprise should produce a characteristic to cannot execute Benfadi 36, thirtieth sets 8 times, via labor service approval,[link widoczny dla zalogowanych] on sale,, can execute other job and rest method " .
Wang Hui of town court judge expresses on the west,[link widoczny dla zalogowanych] on sale,, what do not time the staff member of duty asks for legal holiday overtime is not much. The duty when adventitious basically is a few enterprises tall canal, promote personnel and the worker that cannot press standard working hours to measure because of the job to wait, wang Hui introduces, when do sth without authorization executes adventitious, unit of choose and employ persons can not work system, and should undertake examination by labor department.
�� lawyer viewpoint
The duty when adventitious is due also overtime
Yesterday, dong Zhengwei of solicitor of silver-colored attorney office expresses in Beijing, the basis often manages for, the worker that the labor when adventitious makes works overtime in playday, can arrange cease, need not pay overtime. But legal holiday is legal, still be China's basiccest folk-custom, it is folk-custom habit and happy time, miss time to cannot be made up for, so legal holiday works overtime due overtime.
From jural say, labor law set the 39th times " the enterprise should produce a characteristic to cannot execute Benfadi 36, thirtieth sets 8 times, via labor service approval, can execute other job and rest method " , this just gifts labor service has authority to stipulate other job is mixed rest method, did not gift the overtime problem that labor service fixes legal holiday.
And, of the 39th regulation is the enterprise cannot execute the 36th only, the 38th circumstance, did not say to cannot execute the 40th circumstance. So, the legal holiday that original labor law sets the 40th times should arrange laborer to rest, did not concern with the duty when adventitious. If labor law stipulates the 40th has exception, so the 39th can mention expressly.
Labor law did not stipulate unit of choose and employ persons need not pay holiday of the employee when adventitious overtime clearly, just provide the means that can lengthen working hours clearly, stipulate legal holiday ought to be arranged clearly rest. Below such circumstance, overtime of holiday of the industry when regulations of original labor department stipulates unit of choose and employ persons need not pay adventitious is inappropriate.
Employee should can rest independently
Yesterday, aid of labor law of Beijing justice couplet and Huang Leping of research center director think, the duty when adventitious does not have overwork concept is basic principle, because do not time duty arranges time by employee commonly, and suitable scope is very narrow, it is industry tall tube commonly, employee has the very great time that rules his from origin, it is the job 3 days two commonly, rest day of just a little. Nonexistent work overtime, natural nonexistent also overtime. powered by:[link widoczny dla zalogowanych]
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