The the Chinese Academy of Social Sciences releases " recreational green skin book: 2017-2018 year Chinese recreational development reports " on the net heat is passed, report proposal: The whole nation can come true 2030 " do 4 cease 3 " working system. To this one proposal in the report, somebody feels to be able to help duty field person implementation is agile and off.
But firewood of the overwork that also the part suffers the person that visit to be brought to this system, belt year off wait for a series of problems to raise doubt.
If be executed really " do 4 cease 3 " , the basis is active " labor law " , propose a toast in off, firewood, work overtime what to wait for a respect to you can have to change?
Expert
Interlocution
Ask: If do 4 cease 3, enterprise whether adjust wage (the) that reduce salary?
Answer: Current, what our country executes is to work 8 hours everyday, the duty that works 5 days every week. According to the expert's proposal, if the enterprise is executed " do 4 cease 3 " duty, criterion employee needs the work 9 hours everyday, work 4 days every week.
With weekly nowadays working hours photograph of 40 hours is compared, "Do 4 cease 3 " the working hours of duty decreases 4 hours every week.
The working hours that when we think to need to see both sides sign labor contract, agrees is traditional " do 5 cease 2 " or " do 4 cease 3 " .
If both sides signs the working hours that agrees when labor contract,be " do 5 cease 2 " , meaning an enterprise to pay the salary of employee is pair of price with working 40 hours every week. Nowadays, weekly working hours reduces staff 4 hours, certainly will workload also decreases accordingly.
Our tendency thinks, the enterprise below this kind of circumstance has authority to adjust wage. But the adjustment of salary extent ought to is opposite with photograph of reductive working hours should.
If both sides signs labor to close to agree originally at the same time " do 4 cease 3 " working hours, criterion the enterprise is non-privileged readjust salary. The salary standard that both sides ought to agree according to labor contract is carried out.
If the enterprise is executed, is piecework system, criterion whether does working hours adjust what do not affect salary to pay. Because piecework system itself is,work according to what employee finishs a number plan firewood. Of course, as a result of working hours decrease, want to be reduced accordingly to index of reckon by the piece.
Ask: ? Grieve of large bamboo hat of of sole of ぷ of instruct of ⒃ of Zu of cook over a slow fire of of bud of of Quan exhausted だ holding sb in respectful awe of evil spirit nest?
Answer: Execute " do 4 cease 3 " after duty, breathing space of 3 days belongs to the illicit man hour of employee. Employee can choose freely outer in these 3 days continue to work, the enterprise must not prohibit usually.
Current, the laws and regulations of labor law law of our country did not make clear pair of double working relationships to make a bound decide. But from " labor contract law " can see in specific provision, law does not hold crosscurrent to double working relationship.
" labor contract law " thirtieth sets 9 times: "Laborer has one of following state, unit of choose and employ persons can remove labor contract: (4) laborer builds labor to concern with unit of other choose and employ persons at the same time, cause serious effect to finishing the working job of this unit, perhaps put forward via unit of choose and employ persons, the; that refus does not correct "
Accordingly, if employee chooses outer in 3 days of breathing space part-time job, must be premise with affecting own job. Cannot be engaged in having the business that competition concerns with own job unit more.
Of course, if rules and regulations in enterprise is bilateral perhaps,breathing space of employee of the agreement in labor contract does not get outer part-time job, criterion the agreement that employee needs to abide by both sides.
Ask: ? Chen of Qi of calamity of of Bo of shadow of exhausted ぜ of Tiao of of surname of Quan large bamboo hat occasionally of mulberry of of vulgar earnest scoop up with a dust pan post month of tip of shadow Ku bud?
Answer: " labor law " the 44th regulation: "Have one of following state, unit of choose and employ persons ought to pay prep above laborer the salary reward of salary of normal working hours according to following standard:
(One) arrangement laborer lengthens working hours, pay not the of 150% pay pay; under salary
(2) job of playday arrangement worker cannot be arranged again fill rest, pay not the of 200% pay pay; under salary
(3) legal and off day arranges laborer to work, pay not the of 300% pay pay under salary. Pay not the of 300% pay pay under salary..
According to afore-mentioned regulations, the ability below the circumstance that the enterprise works overtime in playday arrangement employee only has authority to arrange employee to rest in workaday attune, need not pay overtime thereby.
Tone rests:
It is the working hours that shows the enterprise arranges employee weekday to rest to make up for its to work overtime in playday thereby. If the enterprise is executed " do 4 cease 3 " duty, criterion Zhou Wu itself belongs to weekday of playday and rather than. The enterprise must not rest as tone with playday day and avoid the obligation that pays overtime.
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