Introduction of details of a case:
In May 2004 portion, some applies for Zhao to make glacial workshop work to some food company, the job after two months, zhao Mou thinks company overtime works an extra shift, disobeyed " labor law " relevant provision, to place then labor ensures censorial orgnaization to inform against. Labor ensures company of the development on censorial orgnaization horse to investigate a case, via after tone takes the testimony such as company check on work attendance, be informed, this company makes glacial workshop be in every year 5, 6, 7, will be manufacturing busy season in August, working hours makes 10 hours for every Nature's engineering, rest 1 day every week, of additionally 8 months off-season, employee of the workshop that make ice works 5 hours everyday, it is normal to have double cease day. In addition, this company has been examined and approve, executed put together of period of half an year to add up to computational man-hour duty. Accordingly, this company makes the man-hour system that puts a workshop on the ice did not break the law, labor ensures censorial orgnaization to undertake in time explanatory to Zhao Mou, to Zhao Mou inform against make the decision that does not grant to accept.
Details of a case analyses:
Duty of integrated computation man-hour is to because working nature is special,be aimed at, the company share worker that want activity in series or accepts season and natural condition restriction, pick week of in order to, month, s surname, year the system of a kind of man-hour that waits to add up to computational working hours for periodic put together. Basis " of the duty when executing adventitious about the enterprise and duty of integrated computation man-hour examine and approve method " the 5th regulation: "The company is right the worker that accords with one of following conditions, can fulfil duty of integrated computation man-hour, part namely with week, month, season, year etc for cycle, integrated computation working hours, but its are average day of working hours and average Zhou Gong make time answer basic and as identical as legal standard working hours. " but execute system of integrated computation man-hour to must be passed examine and approve, this " method " the 7th regulation: "The other job such as the duty when enterprise of central directly under executes adventitious and duty of integrated computation man-hour and rest of method, industry of classics the State Council is in charge of sectional examine and verify, sign up for service of labor of the State Council to approve. The other job such as the duty when local enterprise executes adventitious and duty of integrated computation man-hour and rest of method examine and approve method, by government of people of each province, municipality, municipality directly under the Central Government labor service is made, service of labor of newspaper the State Council puts on record. Service of labor of newspaper the State Council puts on record..
According to above regulation, the man-hour system of this company did not break the law. Why? This unit has been examined and approve, executed put together of period of half an year to add up to computational man-hour duty, the worker's working hours ought to add up to computation for unit put together with half an year, the total working hours of half an year that wants its worker only not prep above half an year is legal total level time, criterion the man-hour system of the company does not break the law. Can calculate according to the result of investigation the total working hours of half an year of employee of the workshop that make ice, two months of busy season make an appointment with 9 weeks in all, the working hours of these two months is 10 hours of × 6 days × 9 weeks of ＝ 540 hours, the working hours of 4 months is the others 5 hours × 20.92 days of × 4 months ＝ 418.4 hours, is total time of work of half an year 540 hours? 418.4 hours of ＝ 958.4 hours; And working hours of standard half an year is 167.4 hours of × 6 months ＝ 1004.4 hours, the man-hour system that sees this company did not exceed working hours of standard of half an year, did not break the law accordingly. Those who need an attention is, even if the unit of choose and employ persons that fulfils duty of integrated computation man-hour, work in legal holiday, still should pay worker not the overwork salary of the 300 ％ under salary of normal working hours.
