Overtime And Duty Can Not Be Confused.

On the eve of national day, Lin, who was a salesperson, received the "national day duty notice" of his company, but he had to be on duty for 3 days in from October 1st to 3rd.

Lin received a 150 yuan duty fee. At that time, Lin felt strange. His duty was more tired than usual, but he only paid 150 yuan on duty.

If he could not understand it, he would argue with the company manager that the company should pay 3 times the overtime wage, but the manager said, "what overtime pay? This is on duty, and only 50 yuan per day is on duty."

Lin then consulted the labor laws and regulations on the Internet. He believed that justice could be obtained through labor arbitration.

Lin then applied for arbitration and asked the company to make up for the overtime pay in from October 1st to 3rd.

The Arbitration Commission conducted mediation before the hearing.

After consultation and mediation, the company reissued Lin Yuan's overtime payment of 700 yuan.

First,

It is different from the concept of duty.

According to the provisions of the labor law, overtime refers to the fact that the employer, after consulting with the trade unions and workers, arranges workers to continue their duties outside the statutory working hours.

And duty is not a legal concept, nor a legal basis.

It is generally believed that duty is a unit which can rest in the non working hours and be on duty during the non working hours because of the reasons of fire safety, holiday fire prevention and burglary prevention, or for dealing with emergencies and emergency duties.

Identifying duty and overtime work mainly depends on whether workers continue to work in their original posts, or whether they have specific production and operation tasks, and whether there is a certain rest time.

Secondly, overtime is different from the treatment on duty.

overtime

It is legal that employers should arrange overtime work for workers on statutory holidays. They must pay overtime wages per worker in accordance with the standard of 3 times daily wages per worker.

Should the duty be paid? It is generally believed that although workers are not on duty in production and operation, they are responsible for unit safety, fire fighting and emergency handling. They are not furnishings, requiring them to assume such responsibilities and not paying their wages. This is a serious imbalance between responsibility and profit.

Therefore, arrangements for workers on duty should be paid.

At present,

There is no mandatory requirement for pay or allowance on duty. Generally speaking, the duty on duty is lower than that of overtime.

Where there are provisions in the unit's rules and regulations concerning remuneration or allowances on duty, collective contracts, individual collective agreements and labor contracts have been stipulated, or if there are practices, they may be followed.

This shows that overtime and duty can not be confused.

In this case, Lin is a salesperson of the company. He insists on working in this post during the national day. Of course, it belongs to overtime work. Therefore, the company should pay overtime during the national day according to the statutory "three salary" standard.