The Employer Has No Evidence To Provide Responsibility For Overtime Payment.

Supreme law

The labor dispute is listed as the highest law of the parties by the affiliated units.

On the morning of September 15th, the Supreme People's court held a press conference to announce the interpretation of several issues concerning the application of law in labor dispute cases (three).

The explanation shall be implemented from 15 days. If the laborers insist on overtime payment, they should bear the burden of proof on the fact of overtime. However, the workers have evidence to prove that the employer is in possession of the evidence of the fact of overtime management, and the employer will not bear the adverse consequences.

The responsible person said that during the peak season of production, the company allowed overtime work in consultation with laborers, but should pay overtime fees. If the work was forced to exceed the limit, the workers had the right to refuse.

Units fail to handle social security losses and sue for damages

The judicial interpretation of labor disputes (three) stipulates that the people's court shall accept the loss of the employer's compensation due to the fact that the employer fails to handle the social insurance procedures for the laborers, and the social insurance agency can not make the workers fail to enjoy the social insurance benefits.

In the case of disputes arising from the increase of compensation, the eighty-fifth clause of the labor contract law stipulates that the employer fails to pay wages in accordance with the stipulations of the labor contract or the state regulations in full and in time, lower than the local minimum wage standard, pay wages for workers, arrange overtime work, do not pay overtime fees, terminate or terminate the labor contract, and pay financial compensation to laborers in accordance with the regulations.

However, due to the reasons for legislative technology, it is not stipulated whether the people's court accepts compensation for damages.

In order to earnestly safeguard the legitimate rights and interests of workers, standardize the employment order and stabilize labor relations, the people's Court of the people's Court of the people's Court of the people's Republic of China should accept the compensation provided for in the judicial interpretation.

The labor dispute is listed as the party concerned.

In addition, the judicial interpretation stipulates that if a worker disputes with an employer who fails to apply for a business license, the employer and his investor shall be regarded as the party concerned.

If the employer does not have the legal business qualification to operate the business license of another person, he shall also include the party who has borrowed the business license as the party concerned.

If a worker disputes with an employer or individual who is affiliated to another unit, he or she shall be listed as a party.

At the same time, the judicial interpretation is also clear that enterprises who are not paid to stay in office or those who do not reach the statutory retirement age will be brought to the people's court according to law for disputes arising from employment disputes with new employers. The people's court should handle the matter according to labor relations.

Another media report reported that some construction sites in Wuhan paid wages by meal tickets.

The person in charge said that the labourers should be paid for their work, and that they could do it voluntarily by using meal tickets or goods, but they must be equal to the labor remuneration.

If the workers are not willing to pay wages, they should support the staff's request.