/kloc-what kind of labor contract should be signed for two shifts on a 0/2-hour working day?

The ordinary labor contract shall be two shifts, 12 hour working system. Those who exceed 8 hours shall be counted as overtime, and the employer shall pay overtime during overtime.

Calculation method of overtime pay on working days: monthly salary ÷2 1.75÷8× overtime hours × 1.5 times;

Calculation method of overtime pay on weekends: monthly salary ÷2 1.75÷8× overtime hours ×2 times;

Calculation method of overtime pay on legal holidays: monthly salary ÷2 1.75÷8× overtime hours ×3 times.

1. Article 44 of the Labor Law is under any of the following circumstances, the employer shall pay the wages higher than the normal working hours of the workers according to the following standards:

(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;

(2) If workers are arranged to work on rest days but cannot be arranged to take compensatory time off, they shall be paid no less than 200% of their wages.

(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.

Extended data:

Related cases:

Taihai Net 2065438+On April 28th, 2007, the company implemented the irregular working system, and the workers worked 12 hours a day, and overtime pay was not advocated.

Yesterday, jimei district People's Court issued such a labor dispute case. The court ruled that the post was subject to "irregular working hours", and the defendant company did not need to pay overtime pay at ordinary times, but should pay overtime pay on legal holidays.

The defendant is a property management company in Xiamen, and with the permission of Xiamen Human Resources and Social Security Bureau, it implements flexible working system for garage order maintainers.

More than a year ago, A Qiang joined a property management company as a maintenance clerk, and implemented flexible working hours and hourly wage system. The calculation base of overtime pay is 1500 yuan. Usually the morning shift in A Qiang is from 8:00 to 20: 00, and the evening shift is from 20: 00 to 8: 00 the next day, with one day off every week.

After A Qiang joined the company, A Qiang went to work on national holidays on September 3rd, September 27th, 65438+1 October, 65438+1October 2nd, 65438+1October 3rd, 2005.

Later, A Qiang submitted a written resignation to the company, and the property management company paid A Qiang's salary until the current month and paid overtime pay for holidays in September, 65438+ 10.

Subsequently, A Qiang applied for labor arbitration and ruled that the property management company paid A Qiang 452.28 yuan for overtime pay from August 20 15 to August 201year.

A Qiang refused to accept arbitration and brought a lawsuit to the court. A Qiang believes that although the labor contract stipulates the implementation of irregular working hours, it is actually a "standard working hour system", and the company strictly requires it to punch in and out at a fixed time, so the company can no longer exercise the right to extend working hours except legal holidays without paying remuneration. It is unfair for the company to refuse to pay its overtime wages on the false grounds of "implementing irregular working hours"

Therefore, A Qiang asked for a judgment to cancel the clause of "implementing irregular working hours" in the labor contract, and asked the company to pay the difference of overtime pay 10407 yuan.

Jimei Court held that the property management company had been allowed to implement flexible working hours system for the post of order maintainer, and A Qiang himself signed the "Signature Form for Employees to Agree to Implement Flexible Working Hours System in Enterprises". Therefore, the court did not support A Qiang's request to cancel the clause of "implementing flexible working hours" in the labor contract. However, if A Qiang goes to work on legal holidays, the property management company should pay the corresponding salary according to the regulations.

Recently, the court ruled in the first instance that after deducting the overtime pay paid by the property company, the property company should pay A Qiang the difference of overtime pay of 452.28 yuan.

The judge's statement

Units that implement irregular working hours should also pay overtime wages on legal holidays.

According to the judge, according to the "Regulations on Payment of Wages in Xiamen Enterprises", "if an employer arranges workers to work on statutory holidays with the approval of the administrative department of labor and social security, it shall pay wages in accordance with the provisions of Item (3) of Article 15 of these Provisions (that is, if workers are arranged to work on statutory holidays, they shall pay wages not less than 300% of the daily wages or hourly wages of workers). "

Therefore, the court should support the workers who implement irregular working hours to advocate overtime pay on legal holidays instead of the usual overtime pay.

Taihai net-working every day 12 hours without overtime pay? "Flexible working hours" companies usually don't have to pay overtime wages.