Article 1 In order to further strengthen the implementation of irregular working hours and comprehensive calculation of working hours of employers management, according to relevant laws and regulations, combined with the actual situation in the city, the formulation of this approach.

Article 2 of the administrative area of the city's enterprises, individual economic organizations, private non-enterprise units, as well as accounting firms, law firms and other partnership organizations and foundations apply to these measures. State organs, institutions, social organizations and their labor relations with the workers, the position of the implementation of irregular working hours and comprehensive calculation of working hours, in accordance with the implementation of these Measures (hereinafter referred to as the above units (employers).

Article 3 irregular working hours is for the production characteristics, special needs of the work or the scope of duties, can not be measured according to the standard working hours, the need for mobile operation of a system of working hours adopted by the workers.

Employers can implement irregular working hours for employees who meet one of the following conditions:

(a) senior management, field workers, salespeople and part of the duty staff (including duty time can be intermittent rest of non-productive duty staff) and other employees who can not be measured by standard working hours;

(b) long-distance transportation personnel, taxi drivers and railroads, ports, warehouses, and some of the loading and unloading personnel due to the nature of their work. Part of the loading and unloading staff due to the special nature of the work, such as the need for mobile operation of the workers;

(c) other workers suitable for the implementation of irregular working hours.

Article 4 Comprehensive calculation of working hours refers to the special nature of the work, the need for continuous operation or seasonal and natural conditions of the employer's part of the workers, the use of weekly, monthly, quarterly, yearly cycle of comprehensive calculation of working hours of a system of working hours. In the comprehensive calculation cycle, the average daily working hours and average weekly working hours of employees should be basically the same as the legal standard working hours.

Employers can implement the comprehensive calculation of working hours system for employees who meet one of the following conditions:

(a) Employees in the transportation, railroads, post and telecommunications, water transport, aviation, fisheries, catering and other industries that require continuous operation;

(b) Part of the employees in the industries that are subject to the limitations of the seasons and natural conditions, such as geology and resource exploration, construction, salt production, sugar production and tourism;

(c) Employees in industries that are subject to the influence of external factors, and whose production tasks are not limited by the natural conditions;

(d) Employees in the industries that are subject to the restrictions of the seasons and natural conditions. (C) the impact of external factors, uneven production tasks of the employer's employees;

(D) because the workplace is far away from the need to centralized work, centralized rest of the workers;

(E) can not be measured by the standard working hours of the implementation of the shift work of the workers;

(F) other suitable for the implementation of the comprehensive calculation of working hours of the work of the system of workers.

Article 5 The municipal labor security administrative department is responsible for the following employers to implement irregular working hours and comprehensive calculation of working hours for approval:

(a) in the Zhongshan District, Xigang District, Shahekou District, Ganjingzi District (hereinafter referred to as the four districts of the city) within the administrative area of production and operation and in the city above (including the city) the administration for industry and commerce, and other relevant departments of the registration, and the registered capital of more than 3 million yuan (including the 3 million yuan) of various types of employers. 3 million yuan) of various types of employers;

(b) in the city's four districts of foreign enterprises in Lian offices and provincial and municipal offices in Lian, in the city's four districts of foreign and provincial and municipal construction construction employers, as well as in Lian troops belonging to the enterprise;

(c) municipal organs, institutions and social organizations and the relevant municipal departments to register, the approval of the private non-enterprise units, accounting firms, law firms and other partnership organizations. Firms, law firms and other partnership organizations and foundations;

(d) the municipal labor security administrative department that the city has a significant impact and should be approved by the municipal level.

Article 6 The labor security administrative departments of the districts, cities, counties and pilot zones are responsible for, in addition to the municipal labor security administrative departments are responsible for the approval of the scope of the production and operation of the jurisdiction and registered in the industry and commerce administration departments at the same level of the employers, as well as the district-level organs, public institutions and social organizations and in the relevant departments at the district level, registered and approved by the non-enterprise private units, accounting firms, law firms and other partnerships and foundations. Foundation to implement irregular working hours and comprehensive calculation of working hours for approval.

Article 7 The municipal labor security administrative department may designate the district, city and county labor security administrative departments to handle the implementation of irregular working hours and comprehensive calculation of working hours for employers who are under the responsibility of the municipal labor security administrative department or who have disputes over jurisdiction.

Article 8 The municipal labor security administrative department is responsible for guiding the district, city and county labor security administrative departments for the approval of irregular working hours and comprehensive calculation of working hours.

Article 9 The administrative department of labor security should be based on the actual situation of the employer, scientific and reasonable to determine the calculation cycle of the comprehensive calculation of working hours work system, strict approval.

Article 10 The implementation of irregular working hours and comprehensive calculation of working hours of the application, generally by the employer. To take the labor dispatch employment, the employer to the labor security administrative department to apply for the implementation of irregular working hours and comprehensive calculation of working hours.

Article 11 The employer to apply for the implementation of irregular working hours and comprehensive calculation of working hours, shall submit the following materials:

(a) "Application for Administrative License";

(b) "List of Materials for Application for Administrative License";

(c) a copy of the business license or a copy of the certificate of registration;

(d) a copy of the Organization Code Certificate;

(e) the 12 months prior to the application of wage statements, time and attendance, and the application for the first 12 months. (v) Wage statements, attendance records, and labor contracts for the 12 months prior to the application;

(vi) Other supporting documents to be submitted.

Article 12 The administrative department of labor security, according to the employer to implement the application of irregular working hours and comprehensive calculation of working hours, according to the following circumstances to be dealt with:

(a) the application materials are complete, in line with the acceptance of the provisions of the immediate acceptance of the "notice of acceptance of the administrative licensing will be sent to the applicant employer;

(b) the application materials are incomplete or do not meet the requirements of the applicant employer within five days to inform the applicant of a one-time (b) the application materials are incomplete or do not meet the requirements, in 5 days to inform the applicant employer needs to make corrections to all the materials, and will "administrative licensing materials to make corrections to the notice" sent to the applicant employer; the applicant employer in accordance with the requirements of the corrected materials accepted;

application materials can be corrected on the spot, the applicant employer can be corrected on the spot.

Article XIII of the labor security administrative department accepts the application, should be applied to the unit for field investigation. Field investigation, there should be at least two staff at the same time. Focus on the implementation of irregular working hours and integrated working hours of work system of the post on-site investigation, to understand the labor production environment and characteristics and labor intensity, review the implementation of irregular working hours and integrated working hours of work system of the post of the attendance records, to understand the working hours and rest.

Article 14 The administrative department of labor security shall accept the application from the date of 20 working days to make a decision on whether to permit. In the event of special circumstances require an extension of the approval of the head of the administrative organ, may be extended for 10 working days, but shall explain the reasons for the extension and the extension of time, and will be "notice of decision on the extension of administrative licenses" sent to the applicant employer.

Article 15 The administrative department of labor security after examination and on-site investigation, in line with the implementation of irregular working hours and comprehensive calculation of working hours of work, according to law to make a decision on the granting of administrative licenses, and will be "granted administrative licenses decision" within 10 working days to the applicant employer; not in line with the implementation of irregular working hours and comprehensive calculation of working hours of work, according to law to make a decision on the non-administrative licenses. Decision, and the "decision not to administrative license" within 10 working days to the applicant.

Article 16 The application for the implementation of irregular working hours and comprehensive calculation of working hours by the employer, approved by the administrative department of labor security, the employer shall inform the labor dispatch unit in writing, the labor dispatch of the implementation of irregular working hours and comprehensive calculation of working hours of labor dispatch jobs.

The employer (including the labor dispatch unit) shall, within three working days, the implementation of irregular working hours and comprehensive calculation of working hours of the post and the relevant situation, to all employees to publicize the publicity time of not less than five working days.

Article 17 The employer (including labor dispatch units) and workers (including labor dispatch personnel) to enter into labor contracts, the labor contract should indicate the implementation of irregular working hours and comprehensive calculation of working hours; in the implementation of the labor contract, the system of work changes, the employer (including labor dispatch units) should be with the workers (including labor dispatch personnel) to change the labor contract.

Article 18 The employer shall strictly implement the approval results of the irregular working hours and comprehensive calculation of working hours, and shall not exceed the approved positions, cycles or periods of implementation without authorization.

Article 19 For the implementation of irregular working hours and comprehensive calculation of working hours of work, the employer in the full hearing of the views of employees on the basis of the centralized work, centralized rest, rest and rest, flexible work and other ways to ensure that the workers' right to rest and vacation and the completion of production and work tasks.

For those who work in positions with physical labor intensity above the third level (including the third level) as stipulated by the State, the daily working hours of the workers shall not exceed 11 hours, and there shall be at least one consecutive 24-hour rest period every week.

Article 20 The total working hours within the comprehensive calculation cycle shall not exceed the total legal standard working hours for positions approved for the implementation of the comprehensive working hours system. The exceeding part shall be regarded as extended working hours. Extended working hours shall not exceed the total extended working hours stipulated in Article 41 of the Labor Law, and shall be paid in accordance with the provisions of Article 44(1) of the Labor Law.

Article 21 If an employer arranges for workers to work on statutory vacations under the irregular working hours system and the comprehensive working hours system, the employer shall pay wages and remuneration in accordance with the provisions of Article 44(3) of the Labor Law.

Article 22 The employer shall establish a system for registering the working hours of workers, and record the working hours of workers in writing and keep it for more than three years.

Article 23 The administrative department of labor security shall regularly approve the implementation of irregular working hours and comprehensive calculation of working hours of the list of employers and related information to the public.

Article 24 The administrative department of labor security shall strengthen the supervision and inspection of employers approved to implement irregular working hours and comprehensive working hours system. Violation of the implementation of irregular working hours and comprehensive calculation of working hours of the relevant provisions of the employer, the administrative department of labor security shall order them to rectify the refusal to rectify or serious problems, can be revoked "decision on the granting of administrative licenses", within 10 working days of the "decision on the revocation of administrative licenses" sent to the employer.

Article 25 The administrative department of labor security administrative departments to allow the implementation of irregular working hours and comprehensive calculation of working hours of the administrative licensing decision is valid for no more than two years. After the expiration of the validity period still need to continue to implement the irregular work system and the comprehensive calculation of working hours of the employer, should be two months in advance to re-apply for approval.

Article 27 The labor security administrative departments shall strengthen the basic management work, careful custody of irregular working hours and comprehensive calculation of working hours of the approval of the relevant materials and supervision and inspection records, in accordance with the requirements of the archives management system, archives, retention period of 30 years. Materials to be filed include:

(a) "Application for Administrative License";

(b) "List of Materials for Administrative License Application";

(c) copy of business license or registration certificate;

(d) copy of the organization code certificate;

(e) "Notice of Acceptance of Administrative License";

(f) "Decision on Granting Administrative License";

(g) "Return of Delivery";

(h) "Decision on Granting Administrative License";

(i) "Notice of Acceptance";

(j) "Notice of Acceptance"; and (k) "Notice of Acceptance". ) "proof of delivery";

(viii) symposium sign-up list and minutes;

(ix) "Administrative License Closing Report";

(x) other materials to be filed.

Article 28 These Measures shall July 1, 2009 shall come into force. Before the implementation of the administrative department of labor security has been approved the implementation of irregular working hours and comprehensive calculation of working hours, but did not specify the implementation of the period of time of the employer, it should be within 60 days in accordance with the provisions of these Measures to re-declare.

Article 29 These measures are valid for five years, laws, regulations, rules and higher policy has new provisions, from its provisions.

Dalian Municipal Bureau of Labor and Social Security