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"After The Autumn Accounts" Exposes The Weak Rights Of Workers

2011/7/14 11:39:00 43

"After The Autumn Accounts" The Weak Rights Of Laborers

Peng Junfeng, who worked for more than four years as a reference clerk in Chongqing branch of Guangzhou Tianli Construction Co., Ltd., worked overtime for 3509 hours, but the company did not pay overtime.

After he resigned in March this year, he claimed more than 19 yuan overtime.

On the 12 day, under the mediation of the court, the company paid 100 thousand yuan to him for a one-time payment.

Four years, more than 3500 hours overtime, but a penny.

Overtime pay

None of them.

If converted into a eight hour working system, the worker would have spent nearly a year and a half in the company's work.

After the resignation, the worker decided to make a statement for himself.

Under the mediation of the court, the workers' interests were partially satisfied, and they received 100 thousand yuan overtime compensation.

Such a result is gratifying, but it also exposes the rights and weaknesses of workers, revealing its embarrassing situation in the game of labor and capital interests.

In other words, if such a thing is changed to other workers, the final result may be to swallow it up.

The company asked employees to work overtime but did not pay overtime, which lasted for several years. Why did the worker dare to defend himself until he resigned?

The reason is that the company has a "hidden rule". Once overtime is required, it will be dismissed by the company immediately. In order to keep this life on hand, workers will not dare to speak or dare to defend their rights, even though they know their rights and interests are violated.

According to the relevant provisions of relevant laws and regulations, such as "labor law" and "Interim Provisions on wage payment", employers require workers to work overtime. They must pay overtime according to statutory standards. However, enterprises do not take legal provisions seriously, which undoubtedly demonstrates the weakness of workers' rights.

The worker in Chongqing is able to

"Settle accounts after autumn"

The key to success is the fact that he was the company's attendance officer when he was on the job, and he had detailed information about the company's attendance so as to prove his overtime facts and overtime.

But for the vast majority of workers, they can not have such a convenient condition to get the attendance information of employers. In the courts, if the employers do not acknowledge accounts, the laborers may be very passive.

The current reality is that the situation of laborers' rights and weaknesses has not been fundamentally changed, aiming at protecting workers.

Legitimate rights and interests

The laws and regulations have not been thoroughly implemented, and the functional departments of the government should fulfill their duties conscientiously and take the responsibility of protection conscientiously.

In the course of work, workers should also pay attention to keeping good attendance records, attendance records and other written materials for future needs.