A few days ago, the Ministry of Human Resources and Social Security and the Supreme People's Court jointly released typical cases of overtime labor and personnel disputes, and the topic of "overtime overtime" has aroused heated discussion.
Recently, the Siming District People's Court of Xiamen City and the Intermediate People's Court of Xiamen City concluded an overtime pay case and ordered the employer to pay more than 280,000 yuan of overtime pay to the employee.
Since August 2001, Ah Dong (pseudonym) has been working as a duty administrator at a ship berthing point in Xiamen, mainly responsible for ship registration, cleaning, and asset management. Antoine said that he was on duty 24 hours a day, eating and living at the mooring point, during which if he wanted to leave, Adong would report to the station master and find someone to come to the top shift. According to Adong, after working at the anchorage for nearly 20 years, he only took leave of absence due to major events such as the death of his father and the marriage of his son.
On April 29, 2020, the unit informed Antoine that due to the relocation of the berthing point, no one would need to be taken care of from May 1, 2020, and Antoine was unemployed. In the past 20 years, Dong's monthly salary has risen from 700 yuan to 3,000 yuan, but in addition to the overtime wages on some statutory holidays, Dong's usual overtime wages and overtime wages on rest days have not been implemented.
Ah Dong sued the unit, requesting the court to order confirmation of the labor relationship between him and the unit from August 18, 2001 to May 1, 2020, and ordered the unit to pay nearly 1.7 million yuan such as overtime wages, overtime wages on weekend rest days, overtime wages on statutory holidays, untaken annual leave wages and economic compensation
The Siming District Court held in the first instance that although the two parties had not signed an employment contract, the wage payment voucher submitted by Ah Dong could be found to have a de facto employment relationship between the two parties since August 20, 2001. However, the 19-year labor relationship claimed by Adon was not recognized by the court.
The court held that Antoine was born on August 24, 1951, and was 60 years of age between August 24, 2011 and china. From August 20, 2001 to August 24, 2011, the two parties formed an employment relationship; after August 24, 2011, Ah Dong has exceeded the statutory retirement age, does not have the qualification to sign a labor contract, there is no labor relationship, the relationship formed by the two parties should be a labor relationship, and Ah Dong can only ask for the payment of labor remuneration.
According to the law, the court ordered that 150% of the wage remuneration should be paid for the overtime of the working day, the overtime expenses for rest days should be paid at the rate of 200% of the wages, and the overtime expenses for statutory holidays and annual leave should be paid at the rate of 300% of the wages. Among them, the overtime wages for extended overtime are calculated according to 5 hours of overtime per day, and the overtime wages for weekend rest days and statutory holidays are calculated according to 13 hours of overtime work per day
In the end, the court ruled in the first instance that the employer should pay Ah Dong a total of more than 280,000 yuan in overtime wages, overtime wages on rest days, overtime wages on statutory holidays, and untaken annual leave from August 20, 2001 to August 24, 2011.
(Source: Haixi Morning Post Haixi Morning Post Reporter: Chen Peishan Correspondent: Sifa)