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Disputes On The Actual Employment Of Employees

2015/5/4 23:13:00 24

EmployeesEmployment BenefitsDisputes

Employees work on the company for an average of more than ten hours a day, more than 50 hours a week, and a monthly salary.

Employees who experience this situation, though called part-time employment, are in fact full-time employment.

Therefore, the unit should give employees full-time employment treatment.

Wang in a company's pawnmen, because the escort time is not fixed, the company decided to pay according to Wang's escort time, pay by hour, with part-time workers, monthly 1800 yuan.

During the time when Wang was engaged in escort work, although the company was paid according to the time of escort, the company still kept them on duty according to the company's working hours.

No escort task should be kept in the company and other tasks. If there is a task, it is necessary to work in advance or postpone work. The salary is the same as that of other employees in the company, but all other full-time employees have a monthly salary.

treatment

We can't enjoy the company's practice, right?

According to

Labor Contract Law

"Part-time employment" refers to the form of employment based on hourly payment, and the average daily working time of workers in the same employer is not more than 4 hours, and the working hours per week are not more than 24 hours.

The maximum payment period for labor payment for part-time labor is not more than 15 days.

The average time for employees to work in the company is more than ten hours per day, more than 50 hours a week, and at the same time, wages are also given on Jan. 1, though part-time employment is in essence full-time employment.

Therefore, the unit should give employees full-time employment treatment.

link

  

Wage standard

And payment cycle

Seventy-second:

The hourly wage standard for part-time labor hours shall not be lower than the minimum hourly wage standard prescribed by the people's government at the place where the employer is located.

The maximum payment period for labor payment for part-time labor is not more than fifteen days.

Contract form and part time regulation

Sixty-ninth:

The parties to a part-time employment can conclude an oral agreement.

A worker engaged in part-time employment may conclude a labor contract with one or more employing units; however, a labor contract concluded after that shall not affect the performance of the labor contract concluded before.


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