Take Stock Of Overtime Work That Cannot Be Refused Under The Labor Law.
Employing units to organize workers to extend their working hours can not be restricted by the conditions stipulated in the law, but the employers should pay the wages for extended working hours in accordance with the standards stipulated in the law.
"
labour law
"Stipulates that, on statutory holidays, employers should arrange workers in accordance with the law.
Vacation
。
Workers are required to work overtime under four special circumstances.
The 4 case is that employees should not refuse to extend their working hours.
The 4 situations are:
Where natural disasters, accidents or other natural causes are seriously threatened by people's safety and health and state property, they need urgent handling.
Failure of production equipment, pportation lines and public facilities, affecting production and public interests, must be promptly repaired.
Must make use of
Statutory holiday
Maintenance and repair of equipment during the shutdown period of public holidays;
In order to complete the urgent task of national defense, or to complete other urgent production tasks arranged by the superiors outside the state plan, and to complete the urgent tasks of purchasing, pporting and processing agricultural and sideline products in the busy season by commercial and supply and marketing enterprises.
The relevant persons in the labor department pointed out that under the above special circumstances, the employing units could extend the working hours of the staff and workers without being limited by the conditions prescribed by law, but the employing units should pay wages extended for working hours according to the standards prescribed by law.
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In the summer of high temperature, the four departments of the Ministry of social affairs and other departments issued a notice in July 3rd, requiring high temperature subsidies everywhere.
Reporters noted that since 6 and July, Beijing, Shanghai, Guangdong and other places of high temperature allowances into the issuance period.
However, some netizens have not received the high temperature allowance for many years, and many areas have not adjusted their high temperature allowance standards for several years.
Experts said that we should clarify responsibilities for supervision and increase supervision and punishment so as to promote the implementation of high temperature allowances.
At present, all over the country have entered the hot summer season, and sauna days continue to appear in some areas. The topic of high temperature allowance has aroused public concern.
According to the management measures for the prevention of summer heat and cooling measures, which was revised in 2012, employers should arrange for workers to engage in outdoor outdoor operations at high temperatures above 35 C and do not take effective measures to reduce the temperature of workplace to below 33 C.
Reporters noted that at present, most provinces in the country have clearly formulated the high temperature allowance standard.
Since June, Beijing, Shanghai, Guangdong, Hunan and other parts of the high temperature allowance has entered the issuance period.
Among them, the Beijing high temperature allowance is issued from June to August every year. The outdoor outdoor workers' high temperature allowance is not less than 180 yuan per person per month. The high temperature allowance for the indoor workplaces at 33 degrees Celsius (including 33 degrees Celsius) is not less than 120 yuan per month. The high temperature allowance in Shanghai is issued every year from June to September, the standard is 200 yuan per month. The issuance time of Guangdong high temperature allowance is June to October, the standard is 150 yuan per person per month, and the time of Hunan's release is between 0 and 150 yuan per month.
With the entry of high temperature subsidies in succession, the inspection will be carried out and implemented.
The Hubei people's Association hall and the Jiangsu people's and social department have issued a notice recently. They carried out special inspections of employers' compliance with laws and regulations on labour employment and social insurance from July 1st to August 14th, and the payment of high temperature allowances became one of the key examination contents.
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