Reform of the working hours to get rid of overtime wages can not work (video)-reshacker

"Get rid of" overtime wage reform working hours working time system can not count the human director Ms. Qian where enterprises working time system, when Ms. Qian left, the dispute on overtime pay with the company, to discuss that, Ms. Qian will approve the decision of the company Chinese (Shanghai) Free Trade Zone Management Committee to the court. Recently, a court in Shanghai in accordance with the law to make a final judgment, dismissed ms.. It is understood that this is the first case of free trade zone. Working time system can’t calculate overtime on June 2014, free trade zone, where Ms. Qian made "other working time system to implement the enterprise granted decision", agreed to the company from July 1, 2014 to June 30, 2015, the implementation of working time system of the post of senior management personnel. Ms. Qian claimed that free trade zone does not belong to the senior management personnel in the examination and approval will be included in the scope of her, the company does not pay the overtime pay, for the revocation of the administrative decisions made by the defendant. Free trade zone enterprises approved argued that the working time system decision only took effect on applying for jobs, and not on the specific personnel. CMC opinions on the submission of the list of enterprises is only the implementation of the approval of the decision to follow the guidance of the enterprise, there is no compelling force, the specific arrangements should be determined by the enterprise itself. The only responsible for the approval of no responsibility for the trial court finds that the free trade zone authority to make the decision, the decision validity. And the defendant at the time of approval only approved third units of senior management positions can be executed without working hours, the right has not been clear to the specific staff, then dismissed ms.. Ms. Qian refused to appeal to a court in Shanghai. After the trial of the second instance court, the labor and social security administrative departments of enterprises to implement the application of the system should be based on the review of the application of materials and combined with the nature of the application of post. In this case, the Free Trade Zone Administrative Committee in accordance with the above provisions of the application materials provided by the company to review and make the decision, the facts are clear, applicable law is correct. In this case, the free trade zone as the administrative department of labor security, the effectiveness of the decision is not directly on the list of the company submitted the list of personnel, the views put forward only administrative guidance for enterprises to implement post specific personnel made but not mandatory. Ms. Qian should be brought into the scope of the senior managers do not belong to the alleged decision review range, and belongs to the labor relationship between the company and the category of money ms.. Then the second instance court ruling upheld, dismissed the claims of Ms. qian. Some areas have to cancel the approval procedures according to the understanding, the so-called other working hours, a class hour system is compared with the standard working time system, including working time system and comprehensive calculation of working hours. The judge said, although from the nature, properties of the examination and approval of the administrative license, but in practice, the intensity of review is more similar to the record, therefore, in some areas even partially cancel or completely cancel the relevant examination and approval procedures. However, in view of the "labor law," the provisions of the examination and approval system still exists, the relevant departments can further refine the work of other enterprises to implement the working hours of the job requirements, application materials and trial相关的主题文章: