Holiday Employees Are Forced To "Volunteer Overtime" To Safeguard Their Rights. What Should They Do?

During the National Day holiday, many friends rushed to the holiday destination, while others were working overtime as usual.

However, what is entangled is that the law stipulates that "voluntary" overtime does not need to pay overtime, resulting in the so-called "forced voluntary" overtime workers during the National Day holiday.

How can we calculate the national day overtime? How can we eliminate the chronic illness?

The labor contract law stipulates that the premise for the employer to pay overtime wages is that "the employer shall arrange for workers to work outside the statutory standard working hours according to actual needs".

That is to say, the overtime pay should be paid by the employer for overtime work.

If the worker voluntarily works overtime, the employer can not pay overtime wages.

"Overtime", for just 3 years into the workplace Li Ming, is very common.

Li Ming, who was engaged in water treatment, puzzled him that he had 5 minutes to go off duty one day before National Day. When he had packed up his luggage and prepared to start a long vacation trip, he was stopped by the leadership. A work arrangement disrupted his itinerary.

Li Ming said frankly that he was going to work soon. He suddenly had a task to explain. He would not work overtime. He had to work overtime on second days and had to work overtime for more than 3 hours.

How do we calculate the overtime pay for 3 hours? Li Ming said it didn't count, because it could not be said.

If you stand in the company's perspective, it is understandable.

If you stand in the staff's perspective, it's a little uncomfortable.

The situation of voluntary overtime is game development.

Wang Feng is no stranger to it.

Wang Feng said that sometimes the project is urgent to go online, and the work must be completed within the prescribed time.

He said: "although the company implemented a 9 night 6 work system, but in order to complete the work on time, even on Saturday and Sunday also have to work overtime.

I often get home at 11 in the evening.

I was very upset when I thought of working overtime without overtime pay.

Yuecheng Shan, a lawyer at Yuecheng law firm in Beijing, said that many companies use this method to avoid overtime pay, and employees need to collect evidence chain to prove their willingness to work overtime.

Yueh Shan resolution: employees can actually make requests to enterprises, saying that my work may not be completed within working days. If I want to complete, I will have to work overtime. This is for enterprises to bear the relevant overtime costs, and a relevant overtime examination and approval process should be carried out.

This requires employees to take the initiative to propose, if the enterprise agrees with the employee's statement or recognition of his overtime behavior, employees can ask the enterprise to retain written items, such as overtime examination and approval, on the attendance record.

Many companies like this.

The management system is not perfect, some enterprises may not even have attendance. This generally may need to confirm overtime facts through other ways, such as recording, video recording, or communicating with manpower, labor departments and their superiors, including mail or short letters, WeChat and so on.

Yueh Shan specifically pointed out that the above is aimed at the implementation of standard working hours of staff, if the implementation of the irregular work system employees do not have overtime pay argument.

There is a relationship between laborers and employers.

The laborers are naturally in a weak position, which leads workers to adopt a tolerant attitude towards illegal activities.

The all China Federation of trade unions said that workers could not work overtime but could not get overtime pay. They could communicate with enterprises through trade unions. If the enterprises did not change, they could report to the labor department to request the labor inspection department to investigate and deal with them.

If the court is finally ordered, the trade union will provide legal aid and legal services to employees as long as the workers are reasonable and legitimate.