Units Shall Not Arbitrarily Agree To Implement Comprehensive Computation Work Hour System.

Chen was hired by a Gaotang County limited company in July 15, 2015, and worked as a freight pport worker.

The two sides signed a labor contract for a period of 3 years according to law, with a monthly salary of 3000 yuan, 15 days per month, and a comprehensive working hour system with 9 hours a day.

In March 20th this year, Chen refused to go to work because of the company's failure to pay wages and leadership disputes.

7 days later, the company seriously violated the company's labor.

On the grounds of continuous absenteeism, loss of company and bad influence, it terminate the labor contract.

Chen refused to accept the company's complaint to the local labor and personnel dispute arbitration tribunal, requiring the company to pay economic compensation and overtime work for an hour a day.

The unit argues that due to the difficulties in operation and capital turnover, the company will temporarily suspend the payment of all workers' wages until the end of the month, with the consent of the union of the unit.

For the overtime pay proposed by Chen, the company is carrying out a comprehensive calculation of working hours. Besides, the two sides have already made a written agreement in the labor contract, and they should not pay overtime.

The arbitration tribunal held that: according to the thirty-second provision of the Shandong province enterprise wage payment provision, "if the enterprise fails to pay wages on time due to the difficulties in production and operation and the decline in economic efficiency, it shall explain the situation to the workers. After consultation with the enterprise union or the staff representatives, it may delay the payment of wages, but the longest extension shall not exceed 30 days."

About implementation

The sixty-sixth article states: "for those employees who are unequal in production tasks due to external factors in the market competition, and after strict examination and approval by the labor administrative department, they can refer to the comprehensive calculation.

The work system should be implemented, but the employer should take appropriate measures to ensure the workers' right to rest and vacation and the completion of production and work tasks.

According to the above provisions, the unit delays wages for 15 days due to difficulties in operation, which is in line with legal procedures and does not belong to undue arrears of wages.

Although there has been a definite agreement between the two sides in the labor contract for the dispute of overtime pay, we should adopt a timed work system from the perspective of Chen's actual work.

The implementation of a comprehensive working hour system should have factors such as external influence, unbalanced production tasks, etc., and it must be strictly examined and approved by the people's and social department.

The agreement between the two parties shall not contravene labor laws and regulations, nor shall they avoid statutory obligations for employing units to pay overtime.

Finally, under the mediation of the arbitrator, a limited company realized its problems and agreed to pay 2000 yuan for overtime work.