How to determine overtime under the comprehensive working hours?

A production-oriented enterprise has been approved by the labor and social security administrative department to comprehensively calculate working hours on a quarterly basis. Due to the needs of production tasks, the enterprise has been unified by labor representatives and labor unions and arranged to work normally in September and October, and rest for the whole month in November. The employees are highly motivated. They overfulfilled their tasks in September and October, and the company also fulfilled its promise. In November, they had a normal rest. However, when the wages for October were paid, the statutory holidays were settled as the employees would normally go to work. The employees and the company Conflicts occurred, and the company was required to pay 300% of the salary for the statutory holiday of the National Day.

So, the question is, does the comprehensive working hours count as overtime on National Day? How to determine overtime under the comprehensive working hours? Today, the editor will discuss with you, how to determine overtime under the comprehensive working hours? I will share with you from three dimensions:

1. The concept of comprehensive working hours

【1】What is comprehensive working hours?

Comprehensive working hours, also known as comprehensive calculation of working hours, refers to a working hour system in which the unit calculates working hours comprehensively based on standard working hours and a certain period of time. It also refers to a working hour system that requires continuous work within a certain period of time due to the special nature of the work or due to seasonal and natural conditions, and a working hour system that comprehensively calculates working hours in cycles of weeks, months, quarters, and years. However, the average working hours and average weekly working hours should be basically the same as the statutory standard working hours.

Example: Under standard working hours, workers work 8 hours a day and 40 hours a week. Then, although Lao Wang in the case needs to complete one task a week due to the nature of his work, his working time for this week may not be stipulated that he must work 8 hours a day, but he should still work 40 hours a week and take one day off a week.

【2】Applicable scope of comprehensive working hours.

Enterprises cannot implement the standard working hour system due to production characteristics, and those who meet the conditions may implement the comprehensive working hour system with the approval of the labor and social security administrative department. Article 5 of the Ministry of Labor's "Approval Measures for the Implementation of Uncertain Working Hours System and Comprehensive Calculation of Working Hours in Enterprises" stipulates: Enterprises may implement a comprehensive calculation of working hours for employees who meet one of the following conditions, that is, weekly, monthly, Season, year, etc. are the cycles, and the working hours are comprehensively calculated, but the average daily working hours and average weekly working hours should be basically the same as the legal standard working hours. Basically divided into the following three categories:

(1) Employees in the transportation, railway, post and telecommunications, water transportation, aviation, fishery and other industries who need to work continuously due to the special nature of their work;

(2) Some workers in industries restricted by seasons and natural conditions, such as geological and resource exploration, construction, salt production, sugar production, and tourism;

(3) Other employees who are suitable for the comprehensive calculation of working hours.

[3] Principles that should be grasped in the implementation of the comprehensive working hour system.

The comprehensive calculation of working hours is a working hour system that comprehensively calculates working hours in cycles of weeks, months, quarters, years, etc. . According to the "Approval Measures for the Implementation of the Uncertain Working Hours System and the Comprehensive Calculation of Working Hours in Enterprises", the following three principles should be adhered to when implementing the comprehensive working hour system:

Principle 1: For workers who implement the comprehensive working hour system, the enterprise shall reasonably determine the labor quota or other assessment standards of the workers according to the standard working hour system, so as to arrange the workers to rest.

In layman's terms, although the enterprise can implement the comprehensive working hour system according to the nature of production, the employer must clarify the labor volume and achieve the standards of the laborers, and arrange reasonable rest time for the laborers. To ensure employees' right to rest and vacation and the completion of production and work tasks.

Principle 2: For employees who implement the comprehensive calculation of working hours and work and rest methods, the enterprise must protect the health of the employees and fully listen to the opinions of the employees.

In other words, when an enterprise implements the comprehensive calculation of working hours, it is not for the enterprise to formulate the overlord clause. The enterprise must arrange the continuous work of the laborer under the condition of ensuring the physical health of the laborer, and listen to the rationalization suggestions and opinions put forward by the laborer.

Principle 3: The regulations on overtime wages on rest days are not enforced.

For employees of enterprises that implement the comprehensive calculation of working hours, the working day is just a weekly rest day, which is normal work.

In layman's terms, if the worker works on a rest day in a certain period, the enterprise may not pay the worker overtime pay, but in principle, the enterprise should guarantee that the worker has one day off a week to ensure good health and successfully complete the work task. .

2. How to identify overtime under the comprehensive working hours

【1】What is overtime?

"Overtime", as the name suggests, refers to "increased" "work"; only when the total working time in the cycle exceeds the approved standard time, it is called overtime. For example: The comprehensive calculation of working hours is based on the cycle of months, quarters, and years, and the working hours are comprehensively calculated, but the average daily working hours and average weekly working hours should be basically the same as the legal standard working hours.

Article 36 of the "Labor Law of the People's Republic of China" newly stipulates that the state implements a working hour system in which workers work no more than 8 hours a day and an average weekly working time of no more than 40 hours. That is to say, in the comprehensive calculation period, the excess of the actual working hours on a specific day (or week) should be regarded as extended working hours and overtime according to the provisions of the labor law.

【2】Comprehensive manifestations of overtime under working hours, there are the following four situations

The first case: take one week as a comprehensive timing cycle.

The cumulative legal standard working time of employees is 40 hours, and the extended working hours of employees (including the total number of overtime on working days, rest days and statutory holidays) shall not exceed 8 hours in total, and employees must be guaranteed at least 1 day off during the cycle.

In layman's terms, if the cumulative working hours per week exceed the standard working hours, it means overtime.

The second case: take one month as a comprehensive timing cycle.

For example, we assume that the cumulative legal standard working hours of employees in this year is 166.7 hours/month, and extending the working hours of employees (including overtime on working days, rest days and statutory holidays) is overtime. HRs need to pay attention to The total number of hours in a month shall not exceed 36 hours, and employees must be guaranteed at least 4 days off during the cycle.

The third case: take one quarter as a comprehensive timing cycle.

The cumulative legal standard working hours of employees is 500 hours, and extended working hours (including overtime on working days, rest days and the total number of overtime on statutory holidays) are overtime work. HRs need to pay attention to the accumulative total of no more than 108 hours in a quarter. , the employees must be guaranteed at least 13 days off during the period.

The fourth case: take one year as a comprehensive timing cycle.

The cumulative legal standard working hours of employees is 2,000 hours, and extended working hours (including overtime on working days, rest days and the total number of overtime on statutory holidays) are overtime work. HRs need to pay attention that the cumulative overtime hours in one year shall not exceed 432 hours. , the employees must be guaranteed at least 52 days off during the period.

【3】Working on statutory holidays is directly identified as overtime.

Many HR think that as long as the company implements the comprehensive calculation of working hours, is it not possible to work on statutory holidays and not be counted as overtime? Here, the teacher emphasizes that even if the company implements the comprehensive calculation of working hours, any work that is arranged on statutory holidays should be counted as overtime, and workers will be paid overtime.

Having said that, we must emphasize one more caveat:

Under the system of comprehensive calculation of working hours, the difference between "rest days" and "legal holidays", those who work on "rest days" may not be regarded as overtime, but those who work on "legal holidays" must be regarded as overtime.

3. How to avoid labor disputes caused by overtime under comprehensive working hours?

[1] Without the approval of the labor and social security administrative department, it is not possible to announce the implementation of the comprehensive calculation of working hours to employees;

The comprehensive working hour working system is a supplement to the standard working hour working system. The integrated working hour working system is adopted due to the special nature of production. Therefore, if an enterprise implements the integrated working hour working system, it must be approved and approved by the labor and social security administrative department before it can be placed in the factory. Implemented by the company. If the enterprise implements the comprehensive calculation of working hours and all the responsibilities without the approval of the labor and social security administrative department will be borne by the enterprise, the labor dispute caused by the enterprise will definitely suffer a great loss.

[2] Implement the comprehensive calculation of working hours, which cannot exceed the scope approved by the labor and social security administrative department;

Dear HRs, please note that some companies have not developed much when approving the comprehensive working hour system in order to seek profits, which can fully meet the approved scope. However, with the continuous expansion of enterprises, the original approved scope can no longer meet the current production needs. Therefore, when implementing the comprehensive working-hour work system, the scope of approval by the labor and social security administrative department often appears. It is recommended that all HRs supplement the application and approval of the comprehensive working-hour work system in a timely manner, and obtain the approval of the labor and social security administrative department. The emergence of labor disputes will catch your work by surprise, and in serious cases, it will cause the company to stop production for rectification, which will not be worth the loss.

[3] Keep records of attendance or overtime, and do not arbitrarily extend the working hours of employees;

In layman's terms, every worker should be treated equally, and HR should keep a record of attendance or overtime when doing work, instead of causing labor disputes because of this work.

Okay, we have learned how to determine the above three aspects of overtime under the comprehensive working hours. It should be noted that:

Although Article 41 of the "Labor Law of the People's Republic of China" stipulates that due to the needs of production and operation, the employer may extend the working hours after consultation with the trade union and laborers, generally not exceeding one hour per day; if the working hours need to be extended due to special reasons The extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the workers is guaranteed. However, if the employer falls under any of the following circumstances, the employee's working hours may be extended without being restricted by Article 41 of the Labor Law:

1. The occurrence of natural disasters, accidents or other reasons that threaten the life, health and property safety of workers and require urgent treatment;

2. The failure of production equipment, transportation lines, and public facilities affects production and public interests, and must be repaired in time;

3. The work cannot be interrupted during statutory holidays and public holidays, and must be continuously produced, transported or operated;

4. Equipment inspection and maintenance must be carried out during the shutdown period of statutory holidays or public holidays;

5. In order to complete the emergency tasks of national defense;

6. In order to complete other urgent tasks assigned by the state.