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Is it overtime for property maintenance workers to have a bed on duty at night?
The nature of the work of property maintenance workers is quite special. For the personnel on duty who have a bed rest, there was no serious facility failure to repair that night, and there was basically no delay in resting. Overtime should not be counted. If there are many or serious failures that night and there is basically no rest, it will be counted as overtime.
Zhejiang Higher People's Court Minyiting
Solutions to some difficult problems in the trial of labor dispute cases (20 12.6438+02).
Eight, for security guards, doormen, warehouse keepers and other special positions of workers claim overtime, how to grasp the fact of overtime?
For security guards, doormen, storekeepers and other people who eat and live in the unit 24 hours a day, their work nature is quite special. If you can't sleep and rest because of work needs and unit requirements, it should be recognized as working hours; If the workplace provides accommodation or rest facilities at the same time, it shall reasonably deduct the sleep and rest time, that is, the time outside the normal work of the workers is not included in the working hours. If the employer goes to work beyond the standard working hours, the employer shall pay overtime wages. In the trial, the following factors can be comprehensively considered: whether the employer has applied to the labor administrative department for the examination and approval procedures for the comprehensive calculation of working hours and irregular working hours (attention should be paid to the validity period and the number of approved people); Whether the employer provides necessary rest facilities for workers in the workplace; Requirements of the employer's work system or rules and regulations on the specific work content and intensity of the workers (judging whether the workers will actually be unable to rest if they work according to this system); The number of people on duty arranged by the employer (that is, whether the workers have the possibility of taking turns to rest at the same time).
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