Confusion about certain issues in wages and working hours

1. The unit can adjust the weekly rest time according to the needs of the work, which can not be weekends, as long as there are corresponding days of rest per weekIf the employer adopts the irregular working hours system with the approval of the labor department, the overtime outside the normal working hours can be balanced within a quarter or half a year (see the approval of the labor bureau for details), and the overtime pay is not countedHowever, those who work on statutory holidays can only pay overtime pay, and cannot take time off.

2. The same interpretation (as long as it is offset by the normal working hours within the period approved by the Labor Bureau, and the wages for the normal working hours are paid), but the overtime shall not exceed 3 hours per day.

3. In fact, there is no hard and fast rule in the labor laws and regulations on the composition of wages, as long as it is not lower than the minimum wage standard.

4. The basic salary or the salary agreed in the labor contract cannot include overtime pay;It is legal to renew the contract with a salary that is not lower than the original contract.

Basically, it is an overlord clause, and the definition of overtime is stipulated in the labor department, so it is recommended to appeal to the labor department

Of course it's not legal, in short, it's not legal, and teachers should be paid twice or three times their wages for overtime tutoring.

Absolutely unreasonable and legal

It is definitely illegal, and if you arbitrarily let overtime work and not pay overtime pay, you can apply to the Labor Bureau for arbitration if you form a factual basis.

1. If the working hours are special, the unit can apply to the labor department for an irregular or comprehensive working hours system, the irregular working hours system does not calculate overtime pay, and the comprehensive working hours system calculates overtime pay according to whether the working hours of a calculation period exceed the hours of normal working hours. If the labor department approves the employer's application, it will be difficult for you to claim overtime pay. But under normal circumstances, as far as I know, the approval in Suzhou is relatively strict, and it is not easy to get approval.

2. Make-up classes still belong to the category of overtime.

3. The issue of wages depends on whether there is an agreement in your labor contract. In the case of piece-rate wages, it is necessary to first determine the quota that most people can complete during normal working hours, and the amount that exceeds the quota is counted as overtime.

4. If the amount of basic salary exceeds the minimum wage, it is difficult to be found to be illegal as overtime wage, as long as you do not raise any objection when signing the contract.

Article 10 The employer and the worker shall stipulate in the labor contract the wage distribution and payment methods corresponding to their positions, and the agreement between the two parties shall not violate the wage distribution and payment system of the employer, the collective contract or the special collective contract for wages.

Article 11 Where the piece-rate wage system is implemented, the employer shall follow the principle of science and reasonableness in determining and adjusting the labor quota or piece-rate remuneration standard; The fixed and adjusted labor quota shall enable more than 90 percent of the workers in the same position in the unit to complete it within the statutory working hours.

Article 21 Where the piece-rate wage system is implemented, if the employer arranges for a worker to work overtime outside the statutory working hours after completing the piece-rate quota task, it shall, in accordance with the provisions of Article 20 of these Regulations, respectively rate the unit price of the piece-rate shall not be less than 100 percent of the unit price of the worker's statutory working hours.

Five. 10. 200 percent and 300 percent overtime wages are paid.

Article 22 Where the system of comprehensive calculation of working hours is implemented with the approval of the administrative department for labor and social security, the part of the total working hours of the worker in the comprehensive calculation period exceeding the total statutory working hours shall be deemed to be an extension of working hours, and the employer shall pay the worker additional wages in accordance with the provisions of Item (1) of Paragraph 1 of Article 20 of these Regulations. If a worker works on a statutory holiday, the employer shall pay the worker overtime wages in accordance with the provisions of Article 20, Paragraph 1, Item (3) of these Regulations.

Article 25 Where the administrative department for labor and social security has approved the implementation of the irregular working hours system, the provisions of Article 20 of these Regulations shall not be implemented.

No.

1.The Labor Code stipulates that:

Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed 8 hours and the average weekly working hours shall not exceed 44 hours (later changed to 40 hours through *** document).

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may, with the approval of the labor administrative department, implement other work and rest measures.

Article 40 An employer shall arrange leave for its employees during the following holidays in accordance with law:

a) New Year's Day; 2) Spring Festival;

3) International Labor Day;

4) National Day;

5) Other holidays and holidays as provided for by laws and regulations.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

2.According to the provisions of the Labor Law, the number of hours of attendance (excluding overtime) in a month under normal circumstances is hourly.

3.If the company wants to implement working hours that are different from Article 36 of the Labor Law, it needs to apply to the labor and social security department where the employer is located for a comprehensive working hours system or an irregular working hours system.