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First of all, to understand overtime, we must first clarify the basic working hour system.
At present, there are three statutory working hours systems in China, namely the basic working hours system, the irregular working hours system and the comprehensive calculation working hours system.
Among them, the basic working hours system is stipulated in the "Provisions on the Working Hours of Employees", and the basic content is clear to everyone, that is, 40 hours a week, 8 hours a day.
The other two working hours systems need to be approved before they can be directly applied, and for some special industries such as minerals and navigation, they need to be directly judged according to the characteristics of the industry.
In addition to the overtime pay for the basic working hours system, there is also overtime pay for the comprehensive calculation of working hours, but there is no overtime pay for the irregular working hours system.
Generally, in litigation, if there is a dispute between the two parties over the working hours, if there is no administrative approval, it will basically be handled in accordance with the standard working hours system.
Second, the proof of overtime pay has always been a major difficulty in practice.
The employee needs to prove the fact that there is overtime.
The employer must prove that the employee does not work overtime or has paid overtime wages.
In practice, many employers will stipulate an overtime approval system in their labor discipline, but the author personally believes that the determination of overtime should be based on the fact of overtime.
For this reason, it is recommended that overtime pay be collected from the following perspectives for employees who have overtime pay claims:
1.Job assignment, or the content of the job scope.
For example, some units have daily work arrangements, work reporting procedures, etc.;
Some employment contracts even directly stipulate that they work six days a week, eight hours a day;
2.Electronic attendance records.
For example, DingTalk's clock-in/out record;
Third, how do workers deal with it?
In fact, everyone understands that labor relations are currently in a very tense state due to the impact of the new coronavirus.
Employers have a very strong motivation to dismiss old employees, I have heard that employers hire a professional team to first clean up some employees who have a clear record of violating rules and regulations, and then talk one by one, risk stratification, and leave with a good agreement.
What happened to the employee in the title may not be his alone.
So how do you respond to this trend as a worker?
1.Respect the rules and regulations of the employer (to know where the red line is), except for obviously unreasonable provisions;
If you seriously violate the rules and regulations of the employer, you will be directly dismissed, of course, there must be regulations in the early stage, so this must be understood;
It should be noted that some behaviors that seriously disrupt the production order, such as fighting, will be directly dismissed even if the rules and regulations are not clear;
2.Improve your bargaining power with employers (make yourself important).
Either let yourself manage, control the resources become important.
Either let your abilities, skills become important.
Either make yourself a person important.
Concrete way.
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It's all about making a big fuss, it's all about giving you overtime pay, not much, and it's a little less when it's okay. The network is the suspension stroke of the big factory, as if the company is. How capable it is.
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