The Account Of Wages Should Also Be Cleared Up In Time.

In the practice of labor employment management, some employers can not implement the standard working hour system because of the characteristics of production and operation.

"Article thirty-ninth, and the original labor department's" examination and approval procedures for irregular working hours and comprehensive calculation of working hours "and other provisions, apply to the human resources and social security administrative department for approval of other work and rest methods, that is, irregular working hours and comprehensive calculation of working hours.

Among them, the irregular working system mainly refers to the working time system with no fixed working hours on each working day. It is a kind of working hour system that can not be measured or required by the standard working hours according to the characteristics of production, the special needs of work or the scope of duties.

Normally,

Upon approval, employees who meet one of the following conditions shall be irregularly worked:

(1) senior management, field workers, salesmen, some duty officers and other staff members who are unable to work according to standard working hours.

(two) the long distance pportation personnel, taxi drivers and part of the loading and unloading personnel of railways, ports and warehouses, as well as workers who need maneuverable operations because of their special working nature.

(three) other characteristics due to production, special needs of work or scope of duties.

It is suitable for workers who work at irregular working hours.

So for the employees who work on irregular working hours, how should the employer pay overtime wages?

According to the policy stipulation, the employees who have been approved to carry out the irregular working system may not be restricted by the standard of extended working hours stipulated by the forty-first law of the labor law and the extension of working time standard, but the employing units should adopt flexible working hours and other appropriate work and rest modes to ensure the employees' right to rest and vacation and the completion of production and work tasks.

From this point of view, there is no concept of overtime working on weekdays and weekend rest days for employees who are working on irregular working hours.

However, according to the thirteenth provision of the wage payment method for enterprises in Shanghai, the employing units which have approved the implementation of the irregular working hour system shall pay wages in accordance with the 300% of their daily or hourly wage standards when they arrange their work on statutory holidays.

At the same time, because the statutory holiday is irreplaceable and the meaning of laborers is also different from ordinary working days or rest days. Therefore, the legal policy does not require employers to arrange workers' work on statutory leave days. They can arrange compensatory rest as one of the overtime compensation methods, such as working on rest days. If arrangements are made for workers to work overtime on statutory leave days, the employer can not make compensations through arranging the compensation, and must pay overtime wages.

Based on the above analysis, in this case, the freight company pays 2 times the overtime pay of Li's statutory holiday and arranges 1 days' rest for 1 days, which is not in line with the original intention of the policy. The company should make up for the overtime pay of Li's remaining 1 times.