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Everybody is good! Welcome everybody to come " fatigue judge small lecture room " column, I am the fatigue judge beside you.
What should say with everybody today is " work overtime to not forget thought fors the time being, also need to know a way with one's shoulder to collar "
This period program fatigue judge introduces
Li Xing
Beijing on the west court of people of the city zone civilian assistant of judge of 7 front courtyard, obtain Jilin university law and literary bachelor's degree, master's degree of law of northward industry university.
Research a field: Labor law, jurisprudence, contract law, be good at hitting the crucial point of the problem and focal point continuously from inside involute factual dispute, set out from fountainhead dissolve the dispute between party, the person sends a name " a mind which perceives both past and future and sober reason (Li Xing) elder sister " .
Let next " elder sister of a mind which perceives both past and future and sober reason " for us explanation analyses this second case.
Zhao Da head just retired from army from army, the body is strong, hard-working, think the much money that make a point comes home marry son's wife, hear send express more pay for more work, applied for tablet of one members of a family to return good thing to shed a company then, signed formal labor contract. Listen to the introduction into the Zhao when duty is big his comer says is to protect base wage to increase deduct a percentage, the salary that keep a copy is the minimum wage of Beijing, the ability after finishing the task every months to measure has deduct a percentage from a sum of money, every send an express deduct a percentage from a sum of money 0.6 yuan besides task quantity.
Zhao is big enthusiasm is dye-in-the-wood, everyday without a stop, work from dawn to night, began the work at 6 o'clock every morning, sometimes busy all the time to in the evening at 10 o'clock. A month comes down deduct a percentage from a sum of money was to earn many, because lost a valuable goods,can be, got a few difference to judge, it is deducting money is to endure batch.
Zhao Da head resigned the job of express, found a company to do security personnel, the company offers a dormitory, although saved chummage, can rest in the evening, but may be called at any time, need need post. The pay that sees oneself, zhao Da head feels not be to one's profit, find company leader to beg view, ask why to to extend to oneself overtime, company leader says him what this post executes is not to time man-hour is made, do not need to pay overtime. Zhao is big this ability leafed through his labor contract carefully, what write really above is not to time man-hour is made. Zhao is big this below big, worked so long, others has playday, legal holiday to be able to go out to play, is the unit owed after all do not owe oneself overtime, how much to owe?
We ask fatigue the judge together, judge seeing service has what proposal.
(get on next sliding to see view official suggest)
One, fatigue judge, what case calculates work overtime?
Calculate in the job besides legal working hours work overtime. The man-hour system cent of our country is 3 kinds: Standard man-hour is made, the man-hour when adventitious is made and integrated computation man-hour is made. Its win the bid accurate man-hour is made is to point to carry out " the regulation of the State Council about worker working hours " the worker day-to-day work of the 3rd regulation 8 hour, weekly jobs 40 hours. National office and institution execute uniform working hours, saturday, day is playday, certain unit cannot execute this kinds of working hours to arrange, can arrange tone to rest. Be engaged in work and having special case below special condition, the man-hour when can executing adventitious is made or integrated computation man-hour is made, but the examination that the type of work that this kind of man-hour makes needs to concern a section. The man-hour when must not executing adventitious without what examine and approve is made or integrated computation man-hour is made, the working hours of laborer exceeds law to set, ought to pay overtime.
2, fatigue judge, what is overtime pays proportion?
Pay a regulation the 14th according to Beijing salary: (one) grow working hours with extension in day level working hours, according to do not pay overwork salary under the 150 ％ of hour wage base; (2) work in playday, ought to arrange its of coequal time fill cease, cannot arrange fill rest, according to not under day or the 200 ％ of hour wage base pay overwork salary; (3) make in legal and off day labourer, ought to according to not under day or the 300 ％ of hour wage base pay overwork salary.
3, fatigue judge, how Where is computational overtime?
The wage base of overwork salary of computation of unit of choose and employ persons, the wage level that ought to be in post to answer relatively according to him laborer that labor contract agrees above all is certain. If work,contract, collective contract did not agree, laborer delegate can pass salary collective to talk things over with unit of choose and employ persons affirmatory, negotiate a result to should sign salary collective agreement. If unit of choose and employ persons and laborer do not have any agreements, below normal circumstance, unit of choose and employ persons presses the wage that playday does not include in the salary that the month extends, reason besides playday, number of day of every months of plan salary is 21.75 days. Accordingly convert, the worker's daily wages is ÷ of monthly wages base 21.75 days, hour wage is ÷ of monthly wages base 21.75 days ÷ 8 hours. The computational method of overtime is: Overwork day counts 300% × of daily wages × of = of legal holiday overwork pay, overwork day counts 200% × of daily wages × of = of playday overwork salary, 150% × of × of wage of hour of = of overwork salary of daily delay time work overtime duration.
4, fatigue judge, are afore-mentioned proportional computation base should ought to be calculated according to solid hair salary or send salary to calculate?
Legal laws and regulations just undertook formulary to the scale of overtime, overtime extends frontal key is wage base. Basis " Beijing salary pays a regulation " the 44th regulation: "Ought to decide according to following principle: (one) salary standard decides him laborer that agrees according to labor contract; (2) labor contract does not have an agreement, the overwork wage base that agrees according to collective contract and cease level of the wage between holiday is certain; (3) labor contract, collective contract all did not agree, according to him laborer salary of normal labor due decides. The overwork salary cardinal number with the certain money before according to and the minimum wage standard that all sorts of vacation pay must not set under this city. The overwork salary cardinal number with the certain money before according to and the minimum wage standard that all sorts of vacation pay must not set under this city..
This shows, the computational base of overtime is laborer deserved salary.
5, fatigue judge, what is belonged to deserved salary? Is duty hind still before duty? Include bonus, allowance and welfare?
Alleged deserved salary is the salary before pointing to duty, before deducting social security should send salary, include hourly wages or the monetary sex income such as piece rate and bonus, subsidiary, allowance. Unit of choose and employ persons and laborer agree the project nonfeasance such as bonus, subsidiary, allowance works overtime clearly of salary computation base, agree from its, but salary of normal working hours the except under standard of local minimum wage.
Whether does salary of hair of fact of OK and written agreement include unit of choose and employ persons and worker overtime. If both sides is done not have,agree, but unit of choose and employ persons has evidence to prove prepaid salary includes salary of normal working hours and overtime, can maintain unit of choose and employ persons to had paid overtime, laborer must not advocate overtime separately again. But convert hind is normal working hours salary under standard of local minimum wage or the work norm of piece rate is apparently unreasonable, although have an agreement, also do not think to overtime is included in solid hair salary. That is to say after solid hair salary deducts so called overtime, worker is normal the salary of working hours is to be not gotten anyhow under standard of local minimum wage, the work norm of piece rate also must be inside a reasonable range.
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| Production: Wang Hui |
| Broadcast: Yu Ning |
