Is the weekend duty overtime overtime?The court was sentenced!

Mr. Wang served as a conference in the company, implemented for five days a week, and worked for eight hours a day for standard working hours. Because the nature of the work with the company was controversial or duty on duty, Mr. Wang applied for labor arbitration and asked the company to pay the overtime paid. The Arbitration Commission supports Mr. Wang's arbitration application. Later, the company did not accept the results of the arbitration decision and sued to the court.

Case

The plaintiff Baiyun Company claimed that Mr. Wang was his company employee. During his working period, Mr. Wang arranged for his on -duty class. The fee should also be deducted.

The defendant Mr. Wang argued that he agreed with the results of the arbitration and did not agree with Baiyun's lawsuit. The work content was the work of the conference. Baiyun often held an emergency meeting on the rest day. The difficulty of layout is far beyond the daily meeting, and there is no rest during the work, so the nature of the work should be determined to work overtime.

Court trial

After hearing, the court believes that the duty usually refers to the employer to arrange the task of duty that workers have nothing to do with their job due to safety, fire protection, holidays, etc. In this case, Baiyun Company arranged Mr. Wang to work on a rest day. The work content is consistent with the usual duty.

Article 44 (2) of the Labor Law of the People's Republic of China stipulates that if the work of the rest is arranged to work without arranging the work of the workers, the payment is paid by a salary of not less than the salary. Both parties confirmed that Mr. Wang had a 10 -day rest day during his job and did not arrange a rest. Baiyun Company had paid a payout of 1,700 yuan on this. Therefore, he should pay Mr. Wang at the above -mentioned rest day. The court finally made the above judgment.

After the verdict, both sides appealed, and the second trial maintained the original sentence. The judgment has come into effect.

Article 44 of the Labor Law of the People's Republic of China stipulates: "If one of the following circumstances, the employer shall pay the salary of wages higher than the normal working time of the workers in accordance with the following standards: (1) Arrange the working time of the workers to extend the working time For a 1050 % salary remuneration that pays less than a salary; (2) the restaurant shall be arranged to work without arranging the work of the work, and the payment of not less than the salary is not less than the salary of the salary; (3) If the workers work on a legal holiday, pay a salary of no less than 300 percent of the salary. "

There are the following differences from overtime and duty: First, the purpose of work is different. The overtime is to continue to operate in the unsuccessful operation and ensure the output of normal work results. The duty shift is to ensure the continuity and stability of production and operation, and avoid the occurrence of emergencies and accidents. Second, the work content is different. The essence of overtime is the extension of normal work. Therefore, the work content is consistent with the normal work period. Work; Third, work intensity is different. The intensity of overtime and normal work is no different. It is not possible to rest during overtime, and duty can usually rest.

In judicial practice, the following situations are usually identified as duty: First, the employer arranges workers to engage in duty tasks that have nothing to do with their job due to safety, fire protection, and holidays; The task of duty can be rest during duty.

The judge reminded that the workers can judge whether the extra labor paid by the work, work content, and work intensity before labor arbitration can judge whether the extra labor paid is overtime or on duty, and then choose to claim overtime or duty to shorten the rights protection cycle. Employers also should also standardize the duty of workers to avoid working overtime in the name of duty, and fully protect the right of rest and labor remuneration of workers.

Source: Beijing Haidian District People's Court

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