Whether there are two systems for calculating the working hours of workers in the same company

1. "Whether two systems can be implemented for the calculation of working hours of workers in the same company": Yes, but two different working hours systems can be implemented for different positions, and the implementation of the comprehensive working hours system must be approved by the Labor Bureau before it is legal.

2. The "hourly wage" you mean the part-time employment system that pays wages by the hour, which can only meet the conditions stipulated in Article 68 of the Labor Contract Law: "Part-time employment refers to the hourly remuneration, and the average daily working hours of the workers in the same employer generally do not exceed four hours, and the cumulative working hours per week do not exceed 24".

Obviously, the company imposes hourly wages on some workers, which do not meet the above conditions.

3. Those who receive monthly wages belong to the standard working hours system, and according to the provisions of Article 36 of the Labor Law, "the state implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours".

4. "Workers who can get a monthly salary are instead in a 6-day, 8-hour system, and no additional salary compensation is paid for the extended working hours!" In view of this situation, can I report to the Labor Bureau and ask the company for compensation? “：

1) It is not only a matter of paying additional salaries: overtime should be paid, and the standards are: 150% of the wages should be paid for overtime in normal times, and 200% of the wages should be paid for those who can take compensatory time off; If you work overtime on national statutory holidays, you will be paid 300% of your salary.

2) In the above requirements, if there is evidence of overtime and the company fails to negotiate to ask for overtime pay, you can file a complaint with the labor inspection where the company is located, or you can file a labor arbitration to solve it.

Of course, in the national labor law, first of all, when a unit or enterprise changes working hours and other conditions related to the vital interests of employees, it must hold a general meeting of all employees to make a decision, and workers have the right to raise objections; Secondly, when the signed collective contract is changed, it must be implemented for the collective that signed the contract, otherwise the employee has the right to claim compensation from the employer; Third, if the remuneration is not mentioned in the contract, the remuneration shall be determined in accordance with the collective contract, and if there is no collective contract, equal pay for equal work shall be implemented. Now your situation is that the working hours of the previous contract are every Sunday and the monthly salary is paid, but the actual situation now, that is, the actual labor relationship is 6 days and 8 hours a week, that is to say, according to the current labor relationship, the previous contract is invalid, and the salary should be paid according to the current actual labor relationship, and now there is no labor relationship without a contract, and there is no so-called salary provision in the contract, so Article 3 above should be applied. So now the problem is that you can complain to the labor department and ask for compensation, but because there is no contract and there is an employment relationship, in most cases, the result of mediation is that you can get compensation is the monthly salary converted into the hourly salary in your original contract multiplied by your working hours plus a part of the compensation, but the price is that your new contract may not be as good as the original, and the company is now worried about finding no one to do it.

Or you negotiate with the company to conclude a new contract from the day you change your working hours, that is, your previous salary from the date of the change of employment relationship is no longer based on the old contract, but on this new contract. It depends on how you feel you can get the best deal. Added:

Although the content of overtime is not necessarily the same, as long as there are extended working hours, any type of work has the right to receive compensatory wages, and the company should pay you a reasonable overtime pay accordingly.

This is different, hourly workers are paid hourly, and they can also be counted as temporary workers, and in the labor law, enterprises can hire hourly workers, or they can be dismissed at any time, without signing a labor contract, and there is no insurance benefits.

According to the provisions of the labor law, you need to sign a labor contract and pay social insurance, and the enterprise cannot dismiss at will.

Of course, whether it is arbitration or litigation, it costs money and takes a long time. Think for yourself.

Contract disputes: Go to an arbitration institution.

1. In accordance with the "Labor Law", "Provisions on the Working Hours of Employees", and the "Measures for the Examination and Approval of the Implementation of the Irregular Working Time System and the Comprehensive Calculation of Working Hours by Enterprises" of the former Ministry of Labor, etc., (1) Workers shall work no more than 8 hours per day and 40 hours per week. If an enterprise is unable to implement the above working hours system due to production characteristics, it may implement a comprehensive calculation of working hours or irregular working hours system with the approval of the labor and social security administrative department.

2) The comprehensive calculation of working hours is a working hours system that comprehensively calculates working hours on a weekly, monthly, quarterly, and annual basis for some employees of enterprises who need to work continuously or are restricted by seasonal and natural conditions due to the special nature of work. In the period of comprehensive calculation of working hours, the working hours of a specific day, a certain week, etc., may exceed 8 hours or 40 hours, etc., however, the average daily working hours and average weekly working hours shall be basically the same as the statutory standard working hours in the comprehensive calculation working hours period. (3) Irregular working hours refers to the working hours system that does not have a fixed time limit for commuting to and from work on each working day.

It is a working hours system adopted for employees who cannot be measured by standard working hours or need to work flexibly due to the relationship between production characteristics, special needs of work or scope of responsibility. Employees who have been approved to implement the irregular working hours system are not subject to the restrictions on the standard of daily extended working hours and the standard of monthly extended working hours stipulated in Article 41 of the Labor Law, but the employer shall adopt appropriate working and rest methods such as flexible working hours to ensure the employees' right to rest and leave and the completion of production and work tasks.

In other words, if an employer implements a working hour system other than the standard working hours, the first thing for the employee is to see whether it has been approved by the labor administrative department, and if it is not approved, it will be implemented in accordance with the standard working hour system.

The standard working hours system is from Article 36 of the Labor Law of the People's Republic of China, and the irregular working hours system and the comprehensive calculation of working hours system are from Articles 4 and 5 of the Measures for the Examination and Approval of Enterprises Implementing the Irregular Working Hours System and the Comprehensive Calculation of Working Hours System.

Article 36 of the Labor Law of the People's Republic of China stipulates:

The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.

Measures for the Examination and Approval of the Implementation of the Irregular Working Hours System and the Comprehensive Calculation of Working Hours System by Enterprises" stipulates:

Article 4 Enterprises may implement an irregular working hours system for employees who meet one of the following conditions.

1) Senior management personnel, field personnel, sales personnel, some on-duty personnel and other employees in the enterprise who cannot be measured by standard working hours due to their work;

2) Long-distance transport personnel, taxi drivers, and some loading and unloading personnel of railways, ports, and warehouses in enterprises, as well as employees who need to work in a mobile manner due to the special nature of their work;

3) Other employees who are suitable for the implementation of the irregular working hours system due to the characteristics of production, the special needs of the work or the scope of duties.

Article 5 An enterprise may implement a comprehensive calculation of working hours for employees who meet one of the following conditions, that is, the working hours shall be calculated comprehensively on a weekly, monthly, quarterly and annual basis, provided that the average daily working hours and average weekly working hours shall be basically the same as the statutory standard working hours.

1) Employees in transportation, railway, post and telecommunications, water transportation, aviation, fishery and other industries who need to work continuously due to the special nature of their work;

2) Some employees of industries limited by seasonal and natural conditions, such as geology and resource exploration, construction, salt production, sugar production, tourism, etc.;

3) Other employees who are suitable for the implementation of the comprehensive calculation of working hours.

1. The common point between the comprehensive working hours system and the irregular working hours system.

1) Both must be approved by the labor administrative department before they can be implemented.

The right to rest is a constitutional right granted to every worker, and in order to ensure the health of workers, it is necessary to take a break time. Whether it is a comprehensive working hours system or an irregular working hour system, it may occupy the rest time of workers; Therefore, both types of working hours should be strictly restricted, which in practice should be subject to the approval of the labor administrative department. This point is confirmed by Article 7 of the Measures for the Examination and Approval of Enterprises Implementing the Irregular Working Hours System and the Comprehensive Calculation of Working Hours System.

No enterprise shall implement a comprehensive working hours system or an irregular working hours system without the approval of the labor administrative department.

2) Neither is subject to overtime pay for work done on rest days.

Article 62 of the Opinions of the Ministry of Labor on the Implementation of the Labor Law stipulates that employees of enterprises implementing the comprehensive working hours system who have a working day that falls on a weekly rest day are considered to be normal work. It can be seen that under the comprehensive working hours system, if the employee works on a rest day, the employer does not need to pay overtime pay. Similarly, there is no need to pay overtime pay for work on rest days because there is no question of whether or not to extend working hours under irregular working hours.

3) Both are subject to overtime pay for work on statutory holidays.

Public holidays are different from regular rest days. The establishment of statutory holidays is not only to protect the right of workers to rest, but more importantly, the commemorative value of these holidays. Therefore, if an employee works overtime on a statutory holiday, the employer shall pay 300% of the overtime pay, regardless of whether the employer implements a comprehensive working hours system or an irregular working hours system.

This has been confirmed by relevant regulations, such as Article 13 of the Measures for the Payment of Wages by Enterprises in Shanghai.

2. Although the comprehensive working hours system and the irregular working hours system are both special working hours systems, there are obvious differences between the two. Although the comprehensive working hours system is a flexible working hours system, it must be based on the standard working hours system for a certain period, and the excess part is regarded as extended working hours, and overtime pay should be paid according to the standard of 150. Irregular working hours are more flexible, and as long as workers are guaranteed the necessary rest, there is no question of whether to extend working hours and there is no need to pay overtime pay.

"Comprehensive calculation of working hours" refers to the calculation of working hours under the "hourly wage system" and other work systems. And "irregular working hours" is a concept of a work system.

The comprehensive working hours system refers to the comprehensive calculation of working hours on a weekly, monthly, quarterly, annual and other cycles, but the average working hours and average weekly working hours should be basically the same as the statutory standard working hours. There are three types of working hours under the Chinese Labor Law, namely the standard working hours system, the comprehensive working hours system and the irregular working hours system. In China, workers work 8 hours a day and 40 hours a week.

The irregular working hours system, also known as the irregular working hours system, has no fixed working hours limit, and is a working time system adopted for employees who need to go to work continuously or are difficult to commute on time due to the special needs of production characteristics, the nature of work or the relationship between the scope of duties, and cannot apply standard working hours or need to work flexibly, which is one of the basic working time systems in China.

Such as long-distance transportation enterprises, foreign executives and other positions. The time-based working system is a special working hour system compared to the standard working hour system. In special time, it needs to be completed to meet the work standards and adapt to the needs of market competition. Embody the concept of people-oriented, high-quality service.

These are two different concepts, and "comprehensive calculation of working hours" refers to the calculation of working hours under the "hourly wage system" and other work systems. And "irregular working hours" is a concept of a work system.

You have been deceived into the fact that the irregular working hours system and the comprehensive calculation of working hours system in the contract are exploiting your working hours. Because your working hours are 13 hours a day, if you are under a contract, the company says that you are 8 hours or less. This contract is fraudulent.

Overtime pay is double or triple the total daily wage, for sure.

It is highly recommended that you read the labor law carefully before filing a lawsuit. Let's understand the truth of fish and fishing!

Reading the labor law is quick and not difficult to understand. You will be surprised that there are many illegal employment phenomena in enterprises, and it turns out that they have been exploited by the boss so much! Be brave enough to sue them!

After the lawsuit, you will find that the lawsuit is very simple, and you can earn more than going to work. This is the power of knowledge, the power of courage.

It is free of charge to apply for labor arbitration at the local labor bureau first. If they are not satisfied with the outcome of the trial, they will be charged 10 yuan each by the court for the first and second trials.

Laborers have worked hard to create the world, and they must protect the fruits of their labor from being deprived by parasites.

I've been in a lawsuit, I'll tell you, it's easy, you're going to win.

First of all, you have to sue the employer and let him take the initiative to dismiss you, not that you voluntarily resign. Otherwise, you can't get an extra month of financial compensation. You don't have a voluntary resignation.