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Can property security declare flexible working hours?
Flexible working hours and fixed working hours are a special working hours system relative to standard working hours. Article 39 of the Labor Law stipulates that "if an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may implement other work and rest measures with the approval of the labor administrative department." According to the former Ministry of Labor's Examination and Approval Measures for Enterprises to Implement Flexible Working Hours and Comprehensive Working Hours (No.503 issued by the Ministry of Labor [1994]), the flexible working hours refer to the working hours system without fixed commuting time limit on each working day. It is a working hour system for employees who cannot be measured by standard working hours or need to work flexibly due to production characteristics, special work needs or responsibilities. Employees who are approved to implement the flexible working hours system are not restricted by the standard of daily extended working hours and the standard of monthly extended working hours stipulated in Article 4 1 of the Labor Law, but the employing unit shall adopt appropriate working and rest methods such as flexible working hours to ensure employees' right to rest and vacation and the completion of production tasks. Personnel who implement irregular working hours shall not implement the provisions on overtime pay. However, the working hours of the staff with irregular working hours should still comply with the provisions of relevant laws and regulations. In principle, they work an average of 8 hours a day, with at least weekly rest 1 day. According to the former Ministry of Labor's Examination and Approval Measures for Enterprises to Implement Flexible Working Hours and Comprehensive Working Hours (No.503 issued by the Ministry of Labor [1 994]), the following three types of employees in enterprises can implement flexible working hours with the approval of the labor administrative department: (1) senior managers, field workers, salesmen, some on-duty personnel and others in enterprises are unable to work. (2) Long-distance transport personnel, taxi drivers, some loading and unloading personnel in railways, ports and warehouses in enterprises, and employees who need to work flexibly because of their special nature; (3) Other employees who are suitable for flexible working hours due to production characteristics, special work needs or responsibilities.
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