How to recognize overtime under piece rate?

Let's look at a case first. Li and other 28 people are production employees of a production enterprise. The signed contract indicates that the wages of the front-line workers are based on a piece-rate wage system. However, the benefits of the factory are sometimes good and bad. It is necessary to work overtime continuously, even on weekends and statutory holidays. Li and other 28 people were very dissatisfied with this arrangement in the factory and asked the company to pay overtime wages for extended working hours after work. The manager of the production department in the factory said that we implemented the piece rate. Wage system, more work, more pay, there is no such thing as overtime without overtime. Li and others had a serious conflict with the production manager, and they went on strike collectively. The boss is very anxious to find Manager Wang of the Human Resources Department to solve the conflict. Manager Wang is right or wrong She is a human resources major. She used to work as an office clerk in a company. Because of her good performance, she was promoted to a human resources manager step by step by her boss. She would not handle such a thing? So the question is, is there overtime under the piece rate system? How to determine overtime under the piece rate system? The editor will discuss this issue with you from three aspects:

What is the piece rate system?

Piece-rate wage system refers to a wage system in which remuneration is calculated according to the quantity of qualified products produced (or workload) and the pre-specified piece-rate unit price, rather than directly measured by labor hours.

Features of piece rate pay.

The most significant feature of piece rate wages is that the labor remuneration is most directly and closely linked with the labor results, and it can directly and accurately reflect the actual amount of labor paid by the laborer, so that different laborers and the same laborer can work in different situations. Labor differences in time are reasonably reflected in labor remuneration. Therefore, piece-rate wages can better reflect the principle of distribution according to work.

For example: For example, the cost of completing an item is 3.6 yuan. Today, Li completed 35 items, and Wang completed 28 items. Then Li can get 126 yuan, and Wang can get 110.8 yuan, which is very Good reflects the principle of distribution according to work and more pay for more work.

How to recognize overtime under piece rate?

Some people say that there is no overtime under the piece rate system, and that workers get more pay for more work according to their workload. What we need to pay attention to is that the piece-rate work status is only a change in the way of wages and remuneration, and does not change the standard of working hours. We will explain from the following two points:

The legal basis for determining overtime under piece rate wages. "Overtime", as the name suggests, refers to "increased" "work"; piece-rate wages are determined as "overtime". The teacher explained from the following three rules:

Provision 1: Article 37 of the "Labor Law" stipulates: "For workers who are paid by piece rate, the employer shall reasonably determine their labor quota and piece rate rate according to the working hour system in Article 36 of this Law". Therefore, if the enterprise implements the piece-rate wage system, the labor quota and wage remuneration of the laborers should be reasonably determined according to the standard working hour system, that is, the piece-rate wage is calculated based on the standard working hour system.

According to the "Labor Law of the People's Republic of China" and the "Provisions of the State Council on Working Hours of Employees" (Order No. 174 of the State Council), the standard working hour system means that workers work 8 hours a day and 40 hours a week.

Provision 2: Article 44 Under any of the following circumstances, the employing unit shall pay wages and remunerations higher than the wages of workers during normal working hours according to the following standards:

(1) To arrange for workers to extend their working hours, pay no less than 150% of their wages;

(2) If the laborer is arranged to work on a rest day but cannot arrange for compensatory time off, a salary remuneration of not less than 200% of the salary shall be paid;

(3) If workers are arranged to work on statutory holidays, they shall be paid no less than 300% of their wages.

Regulation 3: Article 13 of the "Interim Regulations on Wage Payment" issued by the Ministry of Labor stipulates, "If a worker who implements piece-rate wages, after completing the piece-rate quota task, the employer arranges for an extension of working hours, the 40th "Labor Law" According to the principles stipulated in the four articles, their wages shall be paid according to not less than 150%, 200% and 300% of the unit price of the piece rate for their legal working hours respectively.

The form of overtime work under piece rate.

The first situation: the employer arranges the laborer to extend the working hours beyond the daily legal standard working hours according to law.

China 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. If an enterprise implements the standard-hour work system, then the company's daily working hours exceed the 8 hours stipulated by the state and continue to work, which can be regarded as overtime.

The second situation: The employer arranges the laborer to work on the rest day according to law, but cannot arrange for compensatory vacation.

In layman's terms, there are three forms of working hours stipulated by the state, standard working time system, irregular working time system and comprehensive time system. The second is: pay overtime. Therefore, as long as the employee's rest day is occupied without compensatory time off, it can be regarded as overtime.

The third situation: The employer arranges the laborer to work on statutory holidays and holidays according to law.

In response to this question, do you remember HR? The teacher has repeatedly talked about the issue of working overtime on statutory holidays. No matter what kind of working time management system the company implements, those who work on statutory holidays will be regarded as overtime.

How to avoid labor disputes caused by overtime under piece rate wages?

The first point: The enterprise implements piece-rate wages, and HR needs to pay attention to the local minimum wage standards.

According to Article 12 of the "Minimum Wage Regulations": "In the circumstance that the laborer provides normal labor, the wages that the employer should pay to the laborer, after excluding the following items, shall not be lower than the local minimum wage standard:

(1) Wages for extended working hours;

(2) Allowances under special working environments and conditions such as middle shift, night shift, high temperature, low temperature, underground, poisonous and harmful;

(3) Labor welfare and benefits stipulated by laws, regulations and the state.

Therefore, HR please note that when an enterprise implements piece-rate wages, the wages it pays to workers must not be lower than the corresponding minimum wage standards, and overtime wages cannot be included in the minimum wage standards. HR must understand the relationship between piece rate wages and minimum wage standards, and must specify it in the contract when workers go to the employer to work to avoid labor disputes. Only in this way can a harmonious and stable labor relationship be ensured.

The second point: determine a reasonable labor quota in accordance with the law to avoid disputes caused by overtime.

For example: Since overtime also exists under the piece-rate system, and overtime means overtime pay, many companies may change their piece-rate quota and piece-rate unit price standards for cost considerations, so as to balance the overpayment due to overtime. For example, the original product of 10 yuan per piece is now positioned at 8 yuan per piece. The original need to complete 100 products, now requires the completion of 120 pieces.

However, there is a risk in this situation. According to Articles 36 and 37 of the "Labor Law", for workers who implement piece-rate work, the employer should reasonably determine the labor quota and piece-rate remuneration standard according to the standard working hour system. .

Article 4 of the "Labor Contract Law" stipulates that when an employer formulates rules and regulations such as labor quota management or major matters that involve the vital interests of workers, it shall be discussed by the workers' congress or all workers, and shall be determined through equal consultation with trade unions or workers' representatives. In practice, it is generally believed that only when more than 80% of the employees can complete the labor quota within the legal working hours is reasonable. The labor arbitration may, according to the actual situation, decide the reasonable labor quota of the enterprise and require the enterprise to pay overtime pay.

Therefore, the employer does not decide how to set the labor quota when it wants to. The determined and adjusted labor quota should enable more than 90% of the employees in the same position in the unit to complete the work within the legal working time. If your enterprise formulates Most of the labor quotas cannot be fulfilled by most people and must be completed through overtime work. In order to avoid unnecessary labor disputes, HR can make appropriate adjustments according to their own enterprises.