The girl was called back on the way to work and cried bitterly: half a month without rest, birthday can't pass
Low key and speechless 2021-02-23 02:17:26
11 month 23 Japan , Daxing, Beijing , A hot video taken by the online car Hailing dash cam . The video records a girl working overtime for half a month , I'm going to work early on my birthday, but I'm called back to work overtime , In an instant, he broke down and cried . The driver comforted the girl , And send the girl back to the company for free . Netizens exclaim , Nobody wants to work overtime , Girl, it's not easy , I just hope she can finish her work and go home as soon as possible .

 The girl was called back on the way to work and cried : Half a month , I can't even celebrate my birthday

 The girl was called back on the way to work and cried : Half a month , I can't even celebrate my birthday

 The girl was called back on the way to work and cried : Half a month , I can't even celebrate my birthday


The net friend comment on


Net friend : Too hard

Extended reading :

Compensatory leave can't replace overtime pay on statutory holidays


at present , There are three common types of overtime , It is also the overtime situation stipulated by the law of our country : Delayed overtime ( It is usually manifested as working overtime on weekdays )、 Working overtime on the day off ( It usually shows as working overtime on weekends ) And statutory holidays ( It usually appears as may day 、 Working overtime on national day and other legal holidays ).

According to the regulations , Under any of the following circumstances , The employing unit shall, in accordance with the following standards, pay wages and remuneration higher than the normal working hours of the workers : Arrange workers to extend working hours , Pay not less than 150% of the salary ; Arranging the work of the laborer on the rest day but not making up the rest day , Pay not less than 200% of the salary ; The employees are arranged to work on statutory holidays , Pay not less than 300% of the salary .

Delayed overtime , Easier to understand , That is, if you work more than 8 Hours , In addition, some workers can claim to delay overtime pay . But working overtime on rest days and statutory holidays , How to get overtime pay , Some units take compensatory leave 、 The way to take a day off “ make up ” workers , Is it feasible ?

The judge pointed out that , In daily work , There will be employers to arrange workers to work overtime 、 After working overtime on rest days or statutory holidays , The situation that workers are given compensatory leave . Workers generally think that , Now that the unit has arranged a compensatory leave , I had a rest myself , I will no longer consider whether the compensatory leave is legal , And whether their rights have been effectively protected . But our country's law stipulates that , Among the three types of overtime , Make it clear that you can take compensatory leave , It's working overtime on the day off . If , A worker works overtime on a legal holiday , Employers still need to pay overtime wages on statutory holidays , You can't take a day off 、 Take a break instead of .

Do statutory holidays include all festivals ? Women's Day 、 Youth Festival, new year and other festivals , The employer does not arrange for the workers to have a rest , Should employers pay overtime wages on statutory holidays ?

The judge said , according to 2013 In the revised 《 National holidays and anniversaries 》 Regulations , The holidays for all citizens include the new year 、 Spring Festival 、 Qingming Festival 、 labor day 、 The Dragon Boat Festival 、 Mid Autumn Festival and National Day , The holidays and anniversaries of some citizens include women's day 、 Youth Day 、 Children's day and army day . Statutory holidays that require overtime pay on statutory holidays , It's a holiday for all citizens . Regarding this , stay 《 Regulations of Beijing Municipality on payment of wages 》 There are also clear provisions : Women's Day 、 Youth day and other civic festivals , The employer arranges workers to have a rest 、 People who participate in festival activities , They should be paid as if they were working normally ; Workers work as usual , You don't have to pay overtime .

in addition , There is also such a common situation in practice : The total working hours per week do not exceed the statutory standard , But there are cases of working overtime on Saturdays and Sundays , Can we still claim overtime pay on rest days ?

Regarding this , The judge introduced , China's legal provisions , The employer shall guarantee that the laborer has at least one day off every week , in other words , That is, the employer arranges the workers to work every week 6 God , But only work every day 6 In an hour , The total working hours per week have not reached the legal limit , And it ensures that the workers have at least one day off every week , The employer's work arrangement is still in line with the law , So, one of the weekends , It can't be regarded as working overtime on a rest day .

Require workers to work overtime in accordance with the law


In reality , Is there a situation where employers can ask workers to work overtime ?

The judge introduced , The law prescribes three situations for this : There's a natural disaster 、 Accidents or other reasons , Threaten the life, health and property safety of workers , Something that needs urgent attention ; Production equipment 、 Transportation lines 、 There's something wrong with public facilities , Affect production and public interest , It must be repaired in time ; law 、 Other circumstances stipulated by administrative regulations . in other words , Employers require workers to work overtime , Special industries only , For example, fire fighting 、 Medical care 、 rescue 、 Electric power 、 Transportation, etc ; It is also limited to dealing with emergencies or affecting the public interest , Such as disaster relief 、 Rush repair, etc .

But in the case of overtime rights protection , Employers generally don't tell workers to work overtime , But by increasing the workload , Or let the workers improve their ability 、 For better development , Put workers in a dilemma , I have to choose to work overtime . therefore , Whether it's forced overtime or forced overtime in disguise , Not in accordance with the law .

meanwhile , For employees, overtime evidence , The judge reminded , Be sure to come up with enough money to recognize overtime “ Work ” The evidence of , If it's just a clock in record , This record can only reflect the time point when the employee clocked in twice , But between two points in time , Whether the employee actually works , Whether there is the fact of working overtime , The clock in record can't give enough feedback ; Besides , We should also use electronic evidence with caution , E-mail 、 Screenshots, etc , because , Electronic evidence has the property of being easy to change , date 、 Time has the possibility of change , In the absence of notarization 、 Without the preservation of valid evidence , It's just a screenshot of the email made by the client himself , It can't make the court fully believe that the time of e-mail sending is the time of original record ; secondly , Overtime is a continuous state of work , All email can show is the time of sending email , It can't reflect when the work summary of the production week itself was carried out , How much time did it take .

( The original title : The girl was called back on the way to work and cried : Half a month , I can't even celebrate my birthday )

source : New vision synthesis of northern evening Boiling point video Beijing daily

The process editor :u021

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