Does Overtime Work Pay For Overtime Workers?

Laborer Li complained to the labor and social security supervision agency and requested a freight company to pay overtime wages on working days, rest days and statutory holidays during April 2015 to March 2016.

After receiving the complaint, the labor and social security supervision organ accepts and files the case according to law.

Through actual investigation, Li found that he was engaged in the driver's work in the freight company, and the freight company applied for an irregular working system for drivers and other posts, and approved by the human resources and social security administrative department and informed the staff.

According to the wage table provided by the company, Li's wages consist of wages of seniority, basic wages, and

All kinds of subsidies, car prizes, full attendance awards, pportation costs, communication fees, overtime fees, high temperature fees (high temperature season only).

According to Zhang Zhang, head of the personnel department of the company, because the driver practices the irregular working system, he does not have to pay overtime wages for working hours on weekdays and weekend rest days according to the policy requirements. He only needs to pay overtime pay for overtime work on statutory holidays. For the employees who work overtime on statutory holidays, the company pays overtime wages in accordance with 2 times the daily wage standard of employees, and arranges another day's rest.

And Li believes that if the statutory holidays are overtime, the company can not arrange for the rest, and can only pay overtime wages.

In accordance with the relevant provisions of the labor law and the payment method of enterprise wages in Shanghai, the Ombudsman gave publicity and explanation to the head of the personnel department of the company, asking him to reissue the amount of overtime pay to the complainant Lee according to the regulations.

[case analysis]

In the practice of management, some employers can not implement the standard working hour system because of the characteristics of production and operation. Accordingly, according to the thirty-ninth provisions of the labor law and the regulations of the Ministry of labor on the examination and approval of irregular working hours and comprehensive working hours for enterprises, they apply to the Social Security Administration Department of the human resources source for approval of other work and rest methods, that is, the irregular work system and the comprehensive working hour system.

Among them, the irregular working system mainly refers to the working time system with no fixed working hours on each working day. It is a kind of working hour system that can not be measured or required by the standard working hours for the workers due to the characteristics of production, the special needs of work or the scope of their duties.

Under normal circumstances, the employing units may, according to their approval, implement irregular work systems for employees who meet the following requirements: (1) senior management, field workers, salesmen, some duty officers and other workers who are unable to work according to standard working hours in the enterprises; (two) the long-distance pportation personnel, taxi drivers and some workers in railway, port and warehouses, as well as workers who need maneuverable operation because of their special working nature; (three) other workers who are suitable for the irregular working system because of their production characteristics, special needs or responsibilities.

So, for the employees who work on irregular working hours, how should the employer pay overtime?

What about it?

According to the policy stipulation, the employees who have been approved to carry out the irregular working system may not be restricted by the standard of extended working hours stipulated by the forty-first law of the labor law and the extension of working time standard, but the employing units should adopt flexible working hours and other appropriate work and rest modes to ensure the employees' right to rest and vacation and the completion of production and work tasks.

From this point of view, there is no concept of overtime working on weekdays and weekend rest days for employees who are working on irregular working hours.

However, according to the thirteenth provision of the wage payment method for enterprises in Shanghai, the employing units which have approved the implementation of the irregular working hour system shall pay wages in accordance with the 300% of their daily or hourly wage standards when they arrange their work on statutory holidays.

At the same time, because the statutory holiday is irreplaceable and the meaning of laborers is also different from ordinary working days or rest days. Therefore, the legal policy does not require employers to arrange workers' work on statutory leave days. They can arrange compensatory rest as one of overtime compensation as they work on rest days. If arrangements are made for workers to work overtime on statutory leave days, the employer can not make compensations through arranging the compensation, and must pay overtime wages.

Based on the above analysis, in this case, the freight company pays 2 times the overtime pay of Li's statutory holiday and arranges 1 days' rest for 1 days, which is not in line with the original intention of the policy. The company should make up for the overtime pay of Li's remaining 1 times.