the original title: security value reserve class for working overtime.
Wu Mingsui painted
short for security post a company after company to arrange the work 8 hours standby class external value of 8 hours of security management center. Small thinks, this is company to arrange overtime, and never paid overtime. Recently, the preparation work content, class nature and intensity of small hair binding, Qingpu district court that spare class cat does not belong to work overtime, claims rejected.
[case]
playback2011, Xiaomao candidates to a chemical products company as a security. According to the contract, the security post positive class and spare class two. In general, access control is performed by the on duty security, backup crew assist security emergency on duty. Company rules, value reserve class security in the no fire drills, training and inspection tasks, should be in the security management center on standby; unless there are special circumstances, are not allowed to go out.
working time less than a year, with always on standby class system. He felt that for another 8 hours of work after work, belong to disguise to work overtime, companies should be paid overtime. The alternate class overtime apply for labor arbitration failed, little heart has unwilling to go to court, require companies to pay the entry since overtime a total of more than 6 yuan.
believes that the security can rest in the value reserve class, company dormitories, equipped with computer, television, so nature reserve class is on duty, the company also pay the Cheap Cubs Jerseys corresponding duty allowance. In addition, companies, overtime and small entry never applied to work overtime, so do not agree with their demands.
finally, the court found the plaintiff class nature reserve for the duty not to work overtime, the verdict rejected Xiaomao requires overtime pay demands.
[case]
asked: how to Cheap Astros Jerseys distinguish the duty and work overtime?
answer: duty and main difference lies in whether the workers work overtime, engage in the original work or the work intensity Cheap Dodgers Jerseys is change. The plaintiff in the value backup class daily main task is Cheap White Sox Jerseys to assist in dealing with emergency situations, belonging to the workers the job has nothing to do with the content, normal strength and security work is obvious and can rest, judge should belong to the duty nature.
asked: how to pay the duty and overtime costs?
answer: overtime and duty is only one word, but the rights and obligations of both sides of labor from. The employer arranges laborer to work overtime, it shall pay the overtime pay in accordance with the labor law; on duty, generally only need to pay the duty fee. But at present, the law on duty fee standards are not unified, clearly defined, generally Cheap Rangers Jerseys by the employer according to the situation of discretionary circumstances.
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