How to identify overtime under standard working hours?

Let's look at a case first. Xiao Wang works as customer service in a foreign trade company. From Monday to Saturday, the working hours are 9:00-12:00 am and 2:00-6:00 pm. I have worked in the company for 3 years, but this year, after Xiao Wang's contract expires, the company will no longer arrange for the human resources department to renew it. Xiao Wang feels very uncomfortable, saying that his great youth is dedicated to the company, and now he plans to get married and have children. The company felt that my life would delay my work, and they didn't use me anymore. In a fit of rage, I made a big noise in the company and demanded that the company pay for the overtime wages you worked on every Saturday for the past 3 years. The HR director of the company just left the office. The clerk was promoted, and he didn't understand what overtime was not at all.

So, here comes the question, work 6 days a week, does Saturday count as overtime? What are standard working hours? How to identify overtime under standard working hours? The editor will discuss this issue with you from the following aspects.

【1】What are the standard working hours?

Standard working hours are a form of the current working hour system in China, which refers to the legal hours for ordinary workers to work or provide labor under normal circumstances. Under the standard working hours, workers work 8 hours a day, 40 hours a week, no more than 44 hours, and have at least one day off each week.

[2] Scope of application of standard working hours.

According to the "Labor Law" and the "Provisions of the State Council on the Working Hours of Employees", China's standard working hours are applicable to the employees of all state organs, social organizations, enterprises and institutions, and individual industrial and commercial households that employ employees.

In other words, it can be understood that it applies to all employed labor citizens.

【3】Regulations on standard working hours.

Generally, the legal working hours are 9:00-12:00 in the morning, 13:00-17:00 in the afternoon, with a 1-hour break in the middle. It should be noted that the 1-hour intermediate break stipulated by the state is also included in the 8-hour working time. .

However, under the standard working hours, the law does not clearly stipulate whether the daily 8-hour working time includes meal time and rest time.

In order to reflect the humanized management and combine the production characteristics of their own enterprises, some enterprises avoid rush hours, or divide them into morning shifts and evening shifts, and adopt flexible working hours. For example, the daily working hours are still 8 hours, but the working hours can be 7:00-3:00 pm for the morning shift, and 3:00 pm-11:00 pm for the evening shift; it can also be adjusted to 8:00 am-10:00 am, 2:00 pm- 6:00;

It should be noted that: HR, the formulation of working hours, the employment contract signed by the employer and the employee should clarify whether the working time, meal time, and lunch break are normal working hours . If the unit works more than 8 hours a day, it is easy to cause labor disputes. All HRs must pay attention to this, and try not to make mistakes in writing inconspicuous details.

【3】How to identify standard working hours? We can determine from the following three points:

Point 1: What is overtime?

"Overtime", as the name suggests, refers to "increased" "work"; overtime time refers to extended or increased working hours beyond the standard working hours stipulated by the state, including working hours on rest days (commonly known as overtime) and standard work. The time to go to work early and the time to go off work later (commonly known as extra points) outside the time. Therefore, overtime hours are also called "overtime hours" or "extended working hours".

The second point: the form of overtime. I will analyze HR from the following three situations:

Case 1: Extended daily working hours;

Under the standard working hours, workers work 8 hours a day and work no more than 40 hours a week. Therefore, if the employer arranges workers to work longer than 8 hours a day, it is considered overtime; Article 6 of the Regulations on Time > Regulations stipulates that no unit or individual may extend the working hours of employees without authorization. If it is really necessary to extend working hours due to special circumstances and urgent tasks, it shall be implemented in accordance with relevant state regulations. Average daily overtime hours under the standard working hour system = daily working hours - 8 hours.

In other words, for example, if Xiao Li works 8 hours a day, he should get off work at 6 o'clock in the afternoon, but the work is not finished, and the unit leader asks him to extend his working hours to 10 o'clock in the evening, and if the work exceeds 8 hours on the day, Working hours are overtime.

The second case: those who occupy rest days and cannot arrange compensatory rest;

If the employer arranges the laborer to work on the rest day, it is regarded as overtime work; the rest day generally refers to Saturday and Sunday, but it does not indicate that Saturday and Sunday are necessarily the time when the laborer stops working and resting. Article 7 of the "Regulations of the State Council on Amending the "Regulations of the State Council on the Working Hours of Staff and Workers" stipulates that: State organs and institutions shall implement unified working hours, and Saturday and Sunday are weekly rest days. Enterprises and public institutions that are unable to implement the unified time specified in the preceding paragraph may flexibly arrange weekly rest days according to the actual situation.

For example, if Xiao Wang works 8 hours a day and continues to work on Saturday, it is overtime. The overtime on Saturday and Sunday can be adjusted in the form of compensatory time off. If the company does not arrange compensatory time off after working overtime , then the time to work on this day is the time to work overtime. Daily overtime hours on weekends = daily working hours.

The third situation: occupying a holiday;

If the employer arranges the laborer to work on holidays, it is regarded as overtime;

Article 40 of the "New Labor Law" stipulates that employers shall arrange vacations for workers in accordance with the law during the following festivals: (1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Other holidays and festivals stipulated by laws and regulations.

Article 45 The state implements a paid annual leave system. Workers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures by the State Council.

Therefore, according to the provisions of the labor law, the employer's occupation of labor is the overtime behavior when the employer arranges to work during the rest time on holidays. Daily overtime hours on statutory holidays = daily working hours.

The third point: The determination of overtime hours requires three conditions:

Article 1: The laborer has completed the labor quota or prescribed work tasks;

In order to squeeze the labor force of employees, many employers have already arranged for employees to get off work, but each time they are about to leave work, they arrange a lot of tasks, and they say that they cannot leave work until they are finished. This kind of behavior is malicious. The labor quota or prescribed work tasks have been completed, which is to increase temporary work in disguise and force employees to work overtime.

Article 2: Employers make arrangements according to production and business needs;

If the employer is unable to complete the production and operation needs within the statutory working hours due to an increase in the workload of the employees due to sudden acceptance of orders or other reasons, the employee may be required to work overtime.

Article 3: Working outside the statutory standard working hours.

In general, work 8 hours a day, 40 hours a week, no more than 44 hours, and work beyond the working hours meets the conditions for overtime hours.