No overtime pay 70% workers choose to endure silently

Spring Festival just after, for those who have been working overtime during the holiday, can get overtime is their most concerned about the issue. Do all people who work during the Spring Festival enjoy a "3 times times salary"? How to determine overtime? What should a "stingy" boss do to get overtime?　　Around these issues, today, "Legal daily" reporter interviewed Beijing Chaoyang District People's Court deputy president Chen Yu. Labor relations do not enjoy 3 times times the wages of New Year's Eve, when the majority of people with family reunion dinner, watching the Spring Festival party, hotels, shopping malls, supermarkets, hospitals, public transport, railways, construction sites and many other posts, there are workers in the holding positions, plus the public security organs, such as the need for normal operation of the government departments,　　A lot of Eve are still working. According to the law, New Year's Eve belongs to the Spring Festival 3 days of statutory holidays, employing units to pay 3 times times the daily salary overtime. But Chen Yu clearly told the law daily Reporter, "Not everyone can ask for 3 times times the salary." The law, he said, applies only to workers who have labor relations with employers and are regulated by labor laws. "As a result, all civil servants are not entitled to 3 times times their wages. "" such as Zhu June, Zhou and other CCTV Spring Festival Gala host, belong to the CCTV staff, they and the Spring Festival evening is a labor relationship, so you can enjoy 3 times times the salary. However, most of the participants in the Spring Festival Gala and the Spring Festival Gala program group or CCTV does not exist between the labor relations, but belong to the labor relations, therefore, does not enjoy 3 times times the salary treatment.　　Chen Yu said that the current domestic service is a special employment, there is no labor relationship between the nanny and the employer, and the existing overtime pay regulations can not cover the nanny this crowd. Not all on duty have overtime pay "lunar, I sit at home writing a project, who pays me overtime?"　　A netizen in micro Borrie complains. Chen Yu Blunt, is not overtime, first of all to see whether the work is arranged by the employing units, the festival itself can not enjoy 3 times times the wages of overtime.　　If the employing units in the arrangement of work also recognized the workers at home overtime, this form can be identified as "overtime."　　And during the Spring Festival on duty is not overtime? "It depends on whether the duty is engaged in the same work as usual."　　Chen Yu said that if the workers engaged in the same work as normal work in the past, can generally be identified as overtime, if only because of unit safety, fire, holiday and other needs of the temporary arrangements of their own duties unrelated to the duty, labor dispute agencies will be difficult to be identified as overtime. He also told the Law Daily Reporter, because of different positions, the possibility of the introduction of standard working hours, may also be the implementation of irregular hours or integrated working hours system. As long as it is approved, employees in the labor contract also made an agreement, "even if it is a statutory holiday on the turn, can not be identified as overtime." "Worried about the" Shing "alone, according to a survey conducted by Zhaopin and Sina," as many as 71.3% of the people in the workplace choose to endure without overtime pay. " Many people worry aboutOvertime will lose his job. "At this point, the laborer would have a balance of interests." Chen Yu said that alone in order to recover overtime pay for the prosecution of the court is very few.　　Most of them are because there are other serious labor disputes with the employing unit, which is regarded as one of the claims. He said that in addition to the legal provisions of the occurrence of natural disasters in 4 special circumstances, employing units can not force workers to work overtime during the Spring Festival.　　Employees have the right to refuse to work overtime if the employer does not negotiate with the employee or the labor union or the employer arranges overtime to violate the relevant provisions of the labor laws and regulations.　　If the employer refuses to pay or fails to pay the workers ' overtime wages in full, the first may apply to the Labor Department for Arbitration; Second, the County Labor Inspection Brigade can report to the Labor Inspectorate to help workers maintain legitimate rights and interests.　　The judge suggested that the preservation of good overtime evidence is conducive to safeguarding rights in the overtime process, workers in the end how to safeguard their legitimate rights and interests? Chen Yu suggest that you should pay attention to keeping good overtime evidence. For example, holiday overtime clocking record, on-duty arrangement record, the work quantity statistics document and so on, if the work contact must have the retention consciousness. In addition, can not be afraid of trouble, to perform a complete overtime examination and approval procedures.　　In fact, the implementation of the application, approval, confirmation and many other links is a good time to preserve evidence, overtime approval is a proof of the unit to arrange overtime.　　Relative to the arbitration, litigation, to the Labor Inspectorate to report to the employing units to investigate and punish more quickly and conveniently, workers may wish to use this as the first channel of rights.　　New Year's Eve to the second day of overtime must "make up the money" Chen Yu told the Law Daily Reporter, the 2011 Spring Festival holiday is divided into two categories: a legal holiday, that is, the first day of the first year, the first two days, the other is a rest, from the first three to arrest a total of According to the current labor law, employing units in the statutory holiday arrangements for workers to work, can not be arranged to replace overtime pay.　　Workers in statutory holidays overtime, the employing units should be in accordance with the provisions of the law pay not less than 300% of wages wages: that is, in the New Year's Eve to the year of overtime, day overtime wages = monthly wage income of 21.75 days (months of salary) x300%. During the period from February 5 to 8th, arrangements for overtime can be arranged, and if no compensatory time is given, the overtime pay shall be paid at 200% per cent of the working person's daily or hourly wage.　　The same day overtime pay = monthly salary income 21.75 days (Month pay days) x200%. Therefore, the Spring Festival 3 days before overtime must ' make up money ', after 4 days can ' compensatory '. "Chen Yu said. (Reporter Li Na)