Shenzhen more than 1,000 enterprises and institutions to try first

According to the Shenzhen Municipal Bureau of Labor and Social Security deputy director Li Tao, irregular working hours and comprehensive calculation of working hours work system is the traditional eight-hour standard working hours system in addition to the special working hours system, due to the emergence of new types of work, the traditional standard working hours system can not be uniformly measured all jobs.

After the approval of the Guangdong Provincial Department of Labor and Social Security, the Bureau will implement the irregular working hours system and the comprehensive calculation of working hours work system on the basis of the approval, and the scope of implementation has also been extended from the former enterprises to state organs, institutions, social organizations, individual economic organizations, private non-enterprise units, etc. Currently, more than 1,000 units in Shenzhen have succeeded in obtaining the approval of this batch of enterprises in the same month to formally Implementation of the new working hours system.

Basic working hours 166.64 hours / month

Li Tao pointed out that the introduction of such initiatives in Shenzhen is mainly to consider in the context of the financial crisis, the majority of small and medium-sized enterprises in Shenzhen by the impact of externally oriented orders, production and sales by the seasonal impact of the obvious, there is no order when the workers are very idle, there are orders overtime work is more, the staff hard, in order to balance the situation, the special working hours system ensures that the employee In order to balance this situation, the special working hours system ensures that employees have a higher income in the idle time, and in the busy time to ensure that enterprises will not be frequently forced to increase overtime pay, thus reducing labor disputes arising from unclear working hours and labor compensation, which is a win-win situation for the enterprise to the employees.

At the same time, the Shenzhen labor department, in order to ensure that employees get effective rest during busy times, stipulates that the basic working hours are 166.64 hours per month, 1,000 hours in half a year, and 2,000 hours in a year, in addition to which overtime work is normally subsidized at 1.5 times the salary and 3 times the salary on holidays.

In the implementation of the special working hours system, the authorities are also included in the reform system, in this regard, Li Tao said this is mainly for the authorities in the unit of employees, this group of people due to the characteristics of their own jobs, such as tourism, manufacturing, warehousing and logistics and other positions can not be unified to adopt a fixed system of work, and the authorities are still using the standard working hours of eight hours.

Practical operation due to the workers are difficult to prove the working hours, the implementation of irregular work system of jobs in the post every day more than 16 hours, the intensity of the work is usually three times the standard hours of the same type of work system. The employer can threaten workers with a legal increase in workload to cover up its wrongdoing.

Some enterprises in Fujian Province can implement irregular working hours

The Fujian Provincial Department of Labor and Social Security, the Provincial Federation of Trade Unions, and the Provincial Federation of Enterprises and Entrepreneurs have jointly issued the "Guiding Opinions on Responding to the Current Economic Situation and Stabilizing Labor Relations", which makes it clear that the current focus is on stabilizing labor relations, encouraging enterprise development, stabilizing jobs, and promoting harmonious labor relations. Export-processing enterprises may implement the comprehensive calculation of working hours system upon approval Since 2008, due to the impact of the international financial crisis, some enterprises in Fujian Province, especially labor-intensive small and medium-sized enterprises (SMEs) which are mainly export-oriented, have experienced difficulties in their operation, the instability of labor relations has increased, and the number of cases of labor disputes and reports of complaints has risen. The opinion requires the tripartite coordination of labor relations at all levels to strengthen the guidance on the classification of enterprises' labor use. Firstly, enterprises should be guided to sign labor contracts in a classified manner. For the construction industry to complete a certain amount of work, can guide the signing of a labor contract to complete a certain amount of work for a period of time; for catering services and other less than three months of employment, can guide the signing of a simple labor contract; for the employment of no more than four hours a day, can guide the signing of part-time employment labor contracts; for temporary, short-term, alternative positions such as the employment of workers, can guide the enterprise to choose to directly employ workers or labor dispatch For temporary and short-term positions, enterprises can be instructed to choose direct employment or labor dispatch, and to sign labor contracts. Secondly, it will strengthen the guidance on the working hour system of enterprises. For export-processing enterprises with unbalanced production tasks and enterprises with seasonal and natural constraints that require continuous operation, a comprehensive calculation of working hours system can be implemented with approval; for technologically advanced service enterprises and international service outsourcing enterprises, some types of jobs, management personnel and non-productive duty personnel in non-state-owned enterprises that implement an annual payroll system, an irregular working hours system can be implemented with approval. Encouraging enterprises not to lay off fewer workers Enterprises in difficulty can take regular holidays Enterprises experiencing temporary difficulties should be encouraged to do their best not to lay off workers or to lay off fewer workers, focusing on safeguarding employment and stabilizing labor relations. For enterprises in difficulty to carry out on-the-job training for their employees, they can enjoy training subsidies in accordance with the relevant provisions of the state and the province; for enterprises in difficulty to negotiate with their employees and sign agreements on changes to their labor contracts, they can adopt the method of periodic holidays to allow some of their employees to temporarily leave their jobs and rest, and the enterprises will pay the basic living expenses. At the same time, guidance and management of economic layoffs in enterprises in difficulty have been strengthened. For enterprises that have serious difficulties in production and operation and really need to lay off more than 20 people or lay off less than 20 people but account for more than 10% of the total number of employees in the enterprise, localities shall, in accordance with the requirements of the relevant regulations, guide the enterprises to fulfill the layoff procedures in accordance with the law.

Guangzhou enterprises to implement irregular work system requires the approval of the labor department

The reporter learned from the Guangzhou Municipal Bureau of Labor and Social Security, the implementation of irregular work system needs to be approved by the labor department to apply for approval, and before applying for at least five working days to the public notice of all employees. Irregular work is not unlimited overtime "Measures" provides that part of the enterprise due to production characteristics or the nature of the work can not implement the standard working hours system, by the enterprise application, labor security administrative departments for approval, you can implement the irregular work system or comprehensive calculation of working hours work system. Specifically, the irregular working hours system refers to a working hours system in which working hours are not determined due to production characteristics, special needs of the work, or scope of duties, which cannot be measured according to standard working hours, and which requires motorized operations; while the comprehensive working hours system refers to a working hours system in which working hours are calculated on the basis of weekly, monthly, quarterly, and annual cycles due to the special nature of the work, or due to the limitations of the seasons and natural conditions, which require continuous operations for a certain period of time. It is a kind of working hour system that takes weekly, monthly, quarterly and yearly cycles to calculate working hours in a comprehensive manner. It is reported that irregular work is not unlimited overtime work, this kind of working hours system, although the time arrangement is different from the standard working hours, but a certain period of time of the average working hours, such as a week, a month's total hours of work, must be consistent with the standard working hours, if there is an overtime, the enterprise needs to follow the rules and regulations of the corresponding overtime costs. Before applying for 5 working days of publicity Enterprises should be for irregular staff to develop appropriate assessment standards and labor quotas, and before applying for the implementation of the application for all employees to publicize at least 5 working days, the feedback will be sent to the Ministry of Labor and Social Security, and the approval of the approval body's approval of the decision should contain the implementation of the irregular working hours of the post name, the implementation of the time, and other matters, and according to the characteristics of the different positions of the workers of daily or weekly working time limit to make specific provisions. The decision of the approving body shall include such matters as the name of the post and the time of implementation, and may make specific provisions for the daily or weekly working hours of workers in accordance with the characteristics of different posts. The duration of each approval is generally one year, and may not exceed a maximum of two years. Enterprises that have been approved to implement the irregular working hours system and the comprehensive calculated working hours system shall publicize the approval decision of the labor insurance department within the unit, specify the types of work and the personnel to be employed, and make this clear in the employment contract; they may not mix jobs or expand the scope of the implementation of the system without authorization. Workers who are subject to the comprehensive working hours system shall be paid overtime or extended working hours wages in accordance with the law. On March 1, 2009, these measures came into effect. Enterprises that have been authorized to implement the system but have not set a deadline for doing so should re-apply for the declaration within 60 days from the date of issuance of these measures.

Shanghai to regulate irregular working hours

The Shanghai Municipal Bureau of Labor and Social Security recently issued a notice entitled "Approval Measures for the Implementation of Irregular Working Hours and Comprehensive Calculated Working Hours by Enterprises in the Municipality", which will come into effect on January 1, 2007, and will further regulate the implementation of irregular working hours by enterprises in the city. This will further standardize the approval procedures for the implementation of irregular working hours and comprehensive calculation of working hours by enterprises in the city, and will have an important impact on the relevant enterprises.

The Measures stipulate that enterprises within the administrative area of Shanghai should apply to the labor and social security bureaus of the districts and counties in which the enterprises are registered. However, if an enterprise implements an annual cycle of comprehensive calculation of working hours (including simultaneous application for the implementation of irregular working hours), it shall apply to the Municipal Bureau of Labor and Social Security. Enterprises applying for the implementation of the irregular work system and the comprehensive calculation of working hours shall fill in the Application Form for the Implementation of the Irregular Work System and the Comprehensive Calculation of Working Hours by Enterprises and submit a copy of the business license and a copy of the organization code certificate of the enterprise, and if it is necessary for the enterprise to implement the irregular work system or the comprehensive calculation of working hours for the employees' work and rest arrangement plans, the administrative department of labor and social security may Require the applicant to provide other materials such as employee rosters and attendance records related to the implementation of the irregular working hours system or the comprehensive working hours calculation system. Enterprises that have been approved to implement an irregular work system or a comprehensive working hour calculation work system shall publicize the approval issued by the administrative department of labor security within the enterprise, implement the plan in strict accordance with the requirements of the approval, and listen to the opinions of the labor union and the employees in a timely manner during the implementation process. Enterprises directly under the central government that implement the irregular working hours system and the comprehensive working hours system shall implement them in accordance with the relevant state regulations. Policy Interpretation 1: What are irregular working hours and comprehensive calculation of working hours? According to the Labor Law and relevant regulations, if an enterprise is unable to implement the standard working hour system due to the limitations of the nature of work or production characteristics, it may, upon approval of the administrative department of labor security and after going through the relevant formalities, implement an irregular work system or a comprehensive calculation of working hours and other work and rest methods. The irregular working hours system refers to a working hours system in which the working hours are uncertain because the enterprise is unable to implement the standard working hours system due to special working conditions that require the arrangement of mobile operations for employees. Comprehensive calculation of working hours refers to the working hours system in which an enterprise, due to special working conditions or the limitations of seasons and natural conditions, needs to arrange for continuous operation of employees and is unable to implement the standard working hours system, and adopts the weekly, monthly, quarterly and yearly cycle of comprehensive calculation of working hours.

2. What types of work are mainly affected? The implementation of irregular working hours of the industry and types of work mainly include: senior management personnel in enterprises, field personnel, sales staff, part of the duty staff and other workers due to the work can not be measured in accordance with the standard working hours; long-distance transportation personnel in enterprises, such as taxi drivers and railroads, ports, warehouses, some of the loading and unloading staff, as well as due to the nature of the work of the special need for motorized operation of the workers; other production characteristics, other workers who are suitable for irregular working hours due to the characteristics of production, special needs of work or scope of duties; and workers who are suitable for irregular working hours due to the characteristics of production, special needs of work or scope of duties, such as fire-fighting and chemical-rescue duty workers and duty drivers in enterprises. Employees of enterprises implementing the integrated calculation work system shall meet the following conditions: employees in transportation, railroad, post and telecommunications, water transport, aviation, fishery and other industries whose fixed work is of a special nature and requires continuous operation; part of the employees in the industries subject to the restrictions of seasons and natural conditions, such as geology and resource exploration, construction, salt production, sugar production, tourism, etc.; other employees suitable for the implementation of the integrated calculation work system; employees working in the off-peak seasons because of restrictions of seasonal conditions; employees working in the food industry such as melons, vegetables, etc. The food processing units and service production of melons, fruits, vegetables, etc., as well as the waiters in the dining rooms of hotels and restaurants and entertainment venues, etc., are obviously restricted by seasonal conditions. 3. How are overtime wages calculated? For the implementation of "irregular working hours" units and personnel, extended working hours, the unit does not need to pay overtime, but if the employer arranged for employees to work on statutory holidays, in accordance with the provisions of the Labor Law, to pay no less than 300% of the wages. In the case of a comprehensive working hour system, there is a normal commuting time, and if the working hours are extended, the employer shall pay overtime compensation in accordance with the regulations. If the working day happens to be a weekly rest day, it is a normal work; if the working day happens to be a statutory holiday, the unit shall pay not less than 300% of the wages.

Qingdao: Three categories of people can apply for irregular work

Three major categories of people, including long-distance transporters and cab drivers, can apply for irregular work through their enterprises to the Labor and Social Security Department. The reporter learned yesterday from the Qingdao Municipal Bureau of Labor and Social Security that in order to guide enterprises to use working hours scientifically in accordance with the law, and to safeguard the right of employees to rest and vacation in accordance with the law, here, the bureau introduced the "Approval Measures for Enterprises to Implement the Unscheduled Working Hours and Comprehensive Calculation of Working Hours System".

The measures stipulate that enterprises, due to the nature of work and production characteristics can not be implemented not more than eight hours of work per day, not more than 40 hours of work per week, approved by the labor security department, can implement irregular working hours and comprehensive calculation of working hours work system and other work and rest methods. Enterprises to implement irregular working hours and comprehensive calculation of working hours work system, should apply for the post (type of work) and rest and vacation plans in the enterprise publicized for not less than five working days, and agreed by the trade union or all employees General Assembly to listen to the views of the employees in this position. According to reports, irregular working hours is for the production characteristics, special needs of the work or the scope of duties, can not be measured by the standard working hours or the need to maneuver the work of the employees adopted a working hours system. It is mainly applicable to three categories of personnel: senior management personnel, field personnel, salespersons, part of the duty staff and other employees whose work cannot be measured according to standard working hours; long-distance transportation personnel, taxi drivers and part of the loading and unloading staff of railroads, ports and warehouses, as well as employees whose work is of a special nature and requires motorized operation; and other employees who are suitable for irregular working hours due to the characteristics of production, special needs of the work or the scope of duties. Other workers who, due to production characteristics, special needs of work or scope of duties, are suitable for the implementation of the irregular working hours system. The Comprehensive Calculated Working Hours System is a working hours system that uses weekly, monthly, quarterly and yearly cycles to comprehensively calculate the working hours of some employees in enterprises whose work is special in nature and requires continuous operation or is restricted by seasons and natural conditions. It is mainly applicable to employees who need to work continuously and rest continuously due to the special nature of their work; front-line employees of enterprises whose production and operation are restricted by seasons and natural conditions; and front-line employees of enterprises that show obvious low and high seasons under the conditions of market competition and due to the influence of external factors and the imbalance of production tasks. After the implementation of the special working hours system, some workers may have doubts: will enterprises use this as an excuse to keep working overtime? "According to the regulations, this is not allowed." The relevant person in charge of the Municipal Bureau of Labor and Social Security said that the implementation of special working hours system such as irregular working hours by enterprises will inevitably affect the rest of employees after working continuously for a period of time, in order to protect the right to rest of employees, the introduction of the approach stipulates that the application of enterprises for the special working hours system must be strictly examined and approved by the administrative departments of labor and social security at all levels, and should be agreed to by the trade union or passed by the general meeting of all employees, and the positions of the The opinions of the employees are also heard. Workers who implement a comprehensive working hours system shall have their total actual working hours within the comprehensive calculation cycle not exceed the total legal standard working hours. The exceeding part shall be regarded as extended working hours and the employer shall pay overtime compensation.

It is understood that, up to now, the city's municipal and district (city) labor security departments approved the implementation of special working hours system **** 707 units, involving 122,109 employees.