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It should count as work.
Not doing the work is the business of the unit, caused by the unit, not the personal reason.
Because of the nature of your work.
In the case that you do not cause the unit to miss work, miss the time, and complete the work again, the unit cannot deduct your salary, and you do not cause them any losses, and you do not fail to complete the work.
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If you work irregular hours as you said, then if you don't work that day, you don't count as a break.
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If it is an irregular work system, it is not considered to be a work if there is no work. It depends on how the contract is signed between you and your boss.
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The irregular working hours system is a working hour system with the goal of completing work tasks, and most of them implement a piecework wage system, and if you do not work on the day, you will not be counted as working, but your wages will not be deducted.
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If you don't have a job at the workplace, even if you eat and live in the workplace, it doesn't belong to work, and it should belong to off-duty.
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You can understand it this way, since it is a regular work system, there is always a work content. The work is work, and the rest of the time is rest.
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Look at how the labor contract was stipulated at that time, some were irregular but had to do the specified number of days, if it was a package, it was counted as attendance if it was not worked.
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It is not counted as going to work, because it is irregular, and it may be paid according to labor.
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According to the situation you described, you should be an employee of this company, but you go to work irregularly, which is not ideal, it is the arrangement of the unit or your company, so you can still get paid even if you don't work.
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It belongs to going to work, it belongs to doing it when there is work, and it is not working to rest, as long as it is in the unit, it is to work.
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If you don't work regularly, you shouldn't be considered to be working.
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It depends on what kind of regulations your unit has, if you get a monthly salary, then fix so much money every month, even if the workload is very small, you can get money, if it is according to the daily salary or salary, then there is no money.
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It should be counted as a test, because you are ready to go to work at any time, not when you are on duty during a break, so you should be counted as going to work.
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This should be counted as work, but it depends on how your company stipulates it or what the contract stipulates.
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If you don't have work for a single day, you can leave the unit freely, and you are not considered to be at work.
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If you don't live in the studio from time to time, and you don't work that day, you should also be counted as going to work, unless you go outside to play.
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It's hard to figure it out. Do you count pieces or time? There is no contract signed. Just eating and living in the unit will definitely not count as a salary.
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Article 1 of the Labor Law of the People's Republic of China stipulates that "if an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest methods with the approval of the labor administrative department." ”
According to the provisions of the former Ministry of Labor's Measures for the Examination and Approval of Enterprises' Implementation of the Irregular Working Hours System and the Comprehensive Calculation of Working Hours System (Lao Bu Fa [1994] No. 503), the irregular working hours system refers to the working time system without a fixed commuting time limit 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.
Employees who work irregular hours are not subject to the provisions on overtime pay. However, the working hours of employees who implement irregular hours shall still be in accordance with the provisions of the relevant laws and regulations, with an average of 8 hours per day in principle and at least 1 day off per week.
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I'm going to tell you about working irregular hours.
The so-called irregular working hours system is that you can only work 24 hours a day at any time, and you can not work in the unit. It's better to say that I want to make a document, if it is an 8-hour work system, this document should be completed within 8 hours of working hours, and if I do a document in the unit beyond this time, it is overtime. If it is an irregular system, I can come to work on this document at home at 12 o'clock at night, there is no time limit, just finish the document, and just wait for the work to be delivered during the day.
Therefore, to sum up, the irregular working hours system is a kind of efficient work system that is very free in time, free in work place, and takes the workload as the goal. Therefore, this system does not involve the issue of overtime pay. This system applies to salesmen and people who travel for a long time.
Looking at your situation above, it seems that you have been deceived by the unit. If the working place is fixed and the working hours are fixed, this is not an irregular working hour system. Although the company has applied to the labor department, your relative's working hours are obviously fixed.
In other words, your relative's employer has assigned fixed working hours to your relative, so that your relative can ask for overtime pay or take a vacation. If the company does not give it, it can go to the local labor arbitration institution to apply for arbitration. However, it is difficult to say about state-owned enterprises, because there will also be a phenomenon of officials protecting each other.
But at least you can theorize and don't let them see you as a bully.
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Overtime should be paid or compensatory leave should be arranged.
The three working hours are exceeded, and relevant evidence can be collected to prove it.
If it is a police profession, it does not fall within the scope of this claim, attention!
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When your family is working in this situation.
The DU room and location are fixed, and it should not be classified as a DAO irregular work system. But generally speaking, in China, most of them do it like this, although it is illegal, but it is the rule. And relatively speaking, your family's position is relatively weak for employers.
A more practical approach could be taken to ask for a pay increase and one day of holiday pay per week. For state-owned enterprises, this requirement is generally easy to adopt. The cost of execution is also not high.
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[Comprehensive working hours.
Article 6 of the Ministry of Labor's "Answers to Questions on the Provisions on the Working Hours of Employees" No. 187 of the Ministry of Labor stipulates that the comprehensive calculation of working hours system 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 limited by seasonal and natural conditions due to the special nature of work, but the average daily working hours and average weekly working hours shall be basically the same as the statutory standard working hours. Mainly refers to:
Employees in transportation, railway, post and telecommunications, water transportation, aviation, fishery and other industries who need continuous operation due to special work; Some employees in industries limited by seasonal and natural conditions, such as geology, petroleum resource exploration, construction, salt production, sugar production, tourism, etc.; Employees of township enterprises who are also workers and farmers, or who are difficult to balance production due to restrictions such as energy, raw materials, etc. In addition, for those in the market competition, due to the influence of external factors, some employees of enterprises with unbalanced production tasks can also refer to the method of comprehensive calculation of working hours.
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Well, it depends on the specifics, depending on the nature of the work.
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In my opinion, irregular working hours refer to a system of working hours that do not work at regular times. It's kind of like depriving you of your normal working hours. Actually, no, it varies depending on the profession and the working hours are different.
Overtime pay means that if you work more than the hours specified in the contract, the company will give you an additional allowance. For example, the working hours stipulated by the company are 8; 30-17;00 And those who leave work at 17 o'clock also get overtime pay, I don't think this can be called overtime pay...
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Article 5 of Decree No. 174 of the "Provisions on Working Hours of Employees" stipulates that if the standard working system of eight hours per boring day and 40 hours per week cannot be implemented due to the limitations of the nature of work or production characteristics, other workers may be implemented in accordance with the relevant provisions of the state.
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It violates the provisions of the "Labor Law of the People's Republic of China", but many units cannot fully implement the regulations. Perhaps the special work unit sets the working hours according to the situation that suits the situation. For example:
Some employees are not on vacation, work 12 hours and have no insurance". Long live understanding! Of course, some legal rights still have to be fought for.
If you don't fight for it, you don't have it.
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The irregular working hours system requires the approval of the labor department, and only after the approval can the arrangement be authorized. It is estimated that your organization has not been approved for this situation. Because the situation does not fully meet the criteria of the irregular time system. It must be unreasonable, if you have a complaint, you can consult 12333 first.
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This estimate is not good, is it so difficult that people are not considered to go to work on the road? If there is a problem on the way from home to work, you will have to compensate, not to mention running business specifically for your company.
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Hello, I am Youyou, and I have been engaged in the workplace for many years. I've seen your question, I'm helping you with the relevant information, please wait and get back to you soon
According to the Ministry of Labor's "Measures for the Examination and Approval of Enterprises Implementing the Irregular Working Hours System and the Comprehensive Calculation of Working Hours System", the employer shall apply to the labor and social security administrative department for the implementation of the irregular working hours system, and it can only be implemented after approval and approval. Without the approval of the administrative department of labor and social security, the enterprise announces the implementation of a comprehensive calculation of working hours or an irregular working hours system for employees; It is contrary to the law to implement a system of comprehensive calculation of working hours or irregular working hours beyond the scope approved by the competent administrative department of labor and social security. In addition, the enterprise arbitrarily extends the working hours of employees, and does not keep attendance or overtime records; It is also illegal to reduce attendance records in the form of rules and regulations to achieve the purpose of extending working hours, which will put enterprises in a disadvantageous position in the employment relationship.
Moreover, it should be noted that enterprises cannot agree to implement an irregular working system during business trips, and implement a standard working system during non-business trips. This is because the relevant regulations only allow different working hours for different employees, and do not allow more than two working hours for one employee.
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It is not legal, the labor law stipulates that it is 8 hours, there is a basic salary, and overtime pay will be paid for more than 8 hours. Overtime pay is 1.5 times the usual wage, and weekends are 2 times. Holidays are 2-4 times.
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Yes, you can still go home, the members of our contract fire squadron have not taken a vacation, every day is the same as squatting in prison, because it is a fire brigade, you can't say that you won't save the fire when you get off work.
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I don't know what type of company you are, even if the Labor Bureau approves the implementation of the irregular working hours system. It can't be said that employees can go to work as long as they want, and the irregular work system is generally designed for senior managers of enterprises. It is not a tool for companies to exploit employees, and if you have clearly exceeded the legal working hours, you can go to the labor bureau to file a complaint or file for arbitration.
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If no one reports it, you can only suffer it first, because now it's like this, the labor law stipulates that the day is a month (eight hours a day), but how many companies are enforcing it? So if you can still stand it, be patient, if you can't stand to go to the labor inspection brigade to complain, or arbitrate, you should follow the company's internal regulations as long as it does not exceed 8 hours a day.
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Your company has a system of sassafras when you work part-time, but it is not illegal.
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Private companies don't care so much about you, unless someone reports it.
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Irregular working hours are working hours that do not have a fixed limit on clocking in and out of work each working day. Employees who have been approved to work irregular hours are not subject to the daily and monthly extended working hours standards stipulated in Article 41 of the Labor Law.
The implementation of irregular work system, by the unit to arrange for them to work on statutory holidays, whether to enjoy overtime wages, in accordance with local policies, it is recommended that you consult the labor service**.
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If there is overtime pay, it is stipulated by the labor law.
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Every business.
The regulations all vary.
In general, yes.
Overtime pay is not counted.
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The irregular working hours system is decided by the company according to its own factors. Didn't you ask about the irregular working hours system and what it meant when you signed the contract? Or, did they tell you what time you had when you applied for the job?
Irregular working hours.
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