Research On Duty Remuneration

There is no word of duty in our labor law.The existing laws,regulations,rules and regulations on the issue of the lack of clear provisions.Due to the lack of awareness of the duty,the reality is arranged on duty workers will often be on duty for the employer to pay overtime wages.Employers are not willing to pay overtime pay in accordance with the standards of overtime pay,resulting in disputes between employers and employees.The first part of this thesis starts from the definition and characteristics of duty remuneration.Due to the lack of a unified understanding of pay on duty,in practice,pay is often confused with wages,overtime wages,allowances,subsidies.This thesis will analyze duty remuneration and related concepts.In the second part,the thesis discusses the judicial confusion and the causes of the judicial confusion.The author selects some judicial cases,and concludes that there are two judicial confusion in practice.One of the judicial confusion is that there are some differences in the nature of the duty in practice,and the two of judicial confusion is that the standard of remuneration for duty remuneration is not unified in practice.Causes of these judicial confusion has two,one is the imperfect legal system,laws and regulations have no direct provisions on duty,other policies and local regulations is not comprehensive,not directly applicable in judicial practice;two is the lag of research.The third part is to study the types of duty.The reality of the situation of duty is divided into three categories.Then according to the type of duty to determine its nature,and finally determine the duty paid remuneration standard according to the nature of duty.