Voluntary overtime can be reproduced up to the overtime pay

 Original link: voluntary overtime to overtime pay up to
order / Ying Yan
to the current case: Qiaomou is a Japanese company's staff, and the company signed a one-year labor contract, specifically engaged in clerical work. provisions of the contract which the system Qiaomou 8 hours a day, 40 hours per week statutory standard working hours. During Qiaomou hard work, the task is not completed to work overtime to complete the work automatically.
in the course of their work, Joe A day before they work day to report the progress of their superiors, while in the message that needs to work overtime to complete the task. A year later, Qiaomou bear on the company's work to the expiration of the contract that are no longer renewed, but require the company to pay overtime wages to one year and produce a year to work longer hours work a day attendance records and reports.
company regrets that the company implemented the time-wage system, and otherwise provided overtime system; company did not arrange Qiaomou overtime, long working hours Qiaomou Yan voluntary act of individuals, the company can not pay overtime wages, the requirement of Qiaomou rejected. the dispute between the two parties.
two reasons:
Qiaomou that: own work overtime during the performance of the contract, the specific overtime working hours is well documented, and the daily work report messages can be proven to work after hours to complete. in accordance with the should be calculated and paid when the overtime, but the unit never paid their overtime pay. Now both the labor contract has been terminated, the company shall within one year of settlement and payment of overtime wages.
company that: Companies hourly wage system, and supporting the implementation of overtime system, only by the company and go through the necessary procedures agreed to pay overtime wages for overtime; Qiaomou Although delayed overtime attendance records, but their voluntary work longer hours, and did not apply for any relevant approval procedures, therefore, required to pay Qiaomou overtime pay does not comply with the provisions of the company's overtime system.
current issues:
Qiaomou can finally get their own overtime pay, why not?
Experts:
focus of controversy are: Zhou automatically extended for the completion of the tasks of working hours, can require the company to delay payment of wages for overtime work. fulfill labor obligations. not inconsistent with the overtime system, could provide the appropriate overtime approval procedures, to meet the overtime system in case of overtime pay not less than the legal standard for overtime pay. enterprises legally established rules and regulations, business management and disputes should be handled according to one of the .
addition, according to the treatment is time-wage system. implement time-wage system the employer, the payment of overtime wages has clearly defined. the relevant provisions of that employer to pay overtime wages on the premise that to work outside standard working hours
the present case, although the company implemented a time-wage system Zhou, but Zhou Mouping overtime when the delay was not arranged by the company, but Zhou on a voluntary basis; the company has provided enterprise overtime overtime system Zhou did not perform overtime work in the company delay the overtime provisions of examination and approval procedures. Therefore, Zhou and did not require companies to pay their voluntary overtime to fulfill the lack of procedures based on the delay.
User discussion:
companies consider themselves in strict accordance with the provisions of existing laws in line with the current approach the relevant circumstances in the local labor department can be recognized. Qiaomou overtime behavior is entirely personal act, not a reason to get overtime pay, so the requirements Qiaomou not supported.
in practice, overtime pay is flawed in dealing with labor disputes. the law requires overtime made by the employer, employee consent, the unit can be identified as the overtime record. In fact, the two sides often can not practice perfect matching overtime system, but such disputes are often two sides to cancel the labor contract was made by the employees.
employees in the investigation and evidence collection that would have been to belong to vulnerable groups, while the more time it takes the evidence to more difficult to collect, not to mention the lack of a sound system constraints, in the end is often uncompromising. argue to no avail, the only application for arbitration. arbitration to resolve such incidents can only be ruled in accordance with existing legal provisions. So , did not follow procedures for employees to work overtime provisions only in units of dedication and hard to get any reward.
one Qiaomou can not get overtime pay. under the and other relevant laws, the unit delay of work arrangements for workers, must arrange for days off or time off, if not days off or time off, and to delay some of the additional overtime pay. If the worker voluntarily work overtime, arrangements for the additional non-unit tasks, and can not get overtime pay. case, attendance records, must be issued by the unit list, followed by workers confirmed the signing, in the proof will be recognized when the estimate.
Second, through this case can see that companies should develop management systems for overtime, or in the enterprises in overtime this is a disaster. Therefore, through this case, companies must strengthen the construction management system to work overtime, reduce unnecessary labor disputes.
on the overtime issue has been the business and labor disputes between employees focus. In fact, the core of the problem is that companies and employees understanding and identified on overtime.
First of all, talk about the working time and rest and leave the concept of time issues. Working time is the employer of workers engaged in work or in the production of time, that is, the law of workers must be completed within a certain time burden on their time. overtime in terms of relative working time is more than the statutory working hours for working, so, can correctly grasp the meaning is the definition of working time whether or not a key factor in overtime. rest and vacation is the survival time in the labor of workers do not work or production, can make their own arrangements and control of time. grasp and understand the working hours, rest and vacation time, overtime can be said for there will be a defining basis.
But in reality, the controversy concerning overtime pay and disputes are still emerging, and a clear growth trend. overtime is to work beyond normal working hours, plus a class employer must pay the statutory standards overtime pay, many workers in mind this is a concept, it is precisely this concept into terms of overtime pay as a focus of the labor dispute. So, is not it added a class workers, the employer must pay overtime to what?
Labor Law rest in order to protect the right of employees, labor law, the employer's right to extend the working time is limited and norms. Therefore, to define the primary key factor is working overtime: Overtime must be arranged by the employer; Secondly, it must be in accordance with relevant management procedures conducted a consultation or approval.
so controversial for the present voluntary overtime if employees overtime wages, it is easy to solve, namely: voluntary overtime shall be considered employees of their right to rest people's initiative to give up, not a passive denial, the employer may pay overtime wages. In summary, Qiaomou can not get overtime pay.

a Chinese advantage, if the employer has improved overtime approval system, the system is the result of legal staff to develop procedures to publicity, then any employee overtime provisions must be strictly in accordance with the system in the process of implementation. employees are not required to work overtime to fulfill the application process the company is only responsible for voluntary overtime, even if there is proof of attendance records, but also can not be regarded as overtime.
case, the company had implemented a time of Qiaomou wage system, but Qiaomou Ping overtime when the delay was not arranged by the Company. The company has the appropriate overtime system, Qiaomou overtime in the delay When the company did not fulfill the provisions of the overtime approval procedures. Therefore, Qiaomou require the company to delay payment of their overtime pay voluntary basis inadequate.
Second, if the company is not a strict examination and approval management system to work overtime, and staff have solid extension of time attendance records to prove work is the request for payment of overtime.