Research On Determination Of Overtime Hours

The essence of overtime behavior is that employers arrange workers to work outside the legal working hours,and pay more than the normal working hours for this purpose,and correctly determine that overtime is the key to the legal calculation of wages.This paper demonstrates the nature of overtime,discusses the identification of overtime from different ways of employment,different wage systems and several special circumstances,and analyzes the results of judicial decisions on similar issues in China,and puts forward the criteria for determining overtime.Series of comments and suggestions.Because of the natural unequal status of labor and capital,workers subordinate to employers choose more compromise when they accept overtime tasks,and the role of consultation mechanism is in the second place.Therefore,it is necessary to insist on the principle of benefiting workers in judicial practice to determine overtime behavior,and to balance the interests of both sides by comprehensive analysis of concrete reality.We should reasonably identify overtime hours in line with the purpose of enabling production and operation and ensuring the physical and mental health of workers.The first part analyzes the nature of overtime work.This paper makes an in-depth analysis of the definition of overtime behavior and its identification criteria,providing a theoretical basis for the practice of which behavior should be identified as overtime behavior,and paving the way for the identification of overtime.Only by solving what is overtime and what kind of behavior belongs to overtime can we further analyze how to determine the overtime.Therefore,this chapter first makes a qualitative analysis of the legal definition of overtime according to the current laws and regulations,and then makes a reasonable analysis of the three criteria of overtime behavior in academic circles,namely,the theory of employer domination,the theory of actual work and the theory of interest orientation,pointing out the advantages and disadvantages of various theories,and then puts forward a comprehensive analysis.Theoretical opinions.The second part analyzes the existing provisions and problems of overtimedetermination in China.As the current laws and regulations in China have different standards for determining overtime under different employment patterns,this paper first systematically classifies and sorts out the standards for determining overtime under various employment systems,man-hour systems and special jobs,so as to provide normative expenditure for further clarifying the standards for determining overtime.Support.The third part is a comparative analysis of the difficulties and judicial practice of overtime determination.In practice,it is difficult to judge whether the duty period and the lunch break are overtime,how to determine the overtime time of senior managers with high salary in enterprises,and how to determine the overtime of some jobs with flexible nature.This article combines the summary of meetings and judicial opinions issued by provinces and municipalities with local characteristics and practical guiding significance,evaluates and analyzes typical cases of judgment,takes the strengths of each family and draws lessons from them,so as to probe into the determination of overtime under special circumstances and new employment relations,hoping to solve this problem.Similar problems in practice.The fourth part is to put forward opinions and suggestions on the improvement of judicial practice and legislation.In view of the prominent problems of legislation and judicial status of overtime in China,this paper puts forward reasonable suggestions on how to accurately grasp the cognizance standard of overtime in judicial trials,and hopes that the legislation can further improve the definition of overtime behavior,and proposes to implement the system of industrial man-hour autonomy conditionally according to the characteristics of different industries.It also suggests stratifying management according to the employment status of laborers.