Welders units refusing to work overtime compensate

production and operation of business because the needs of their employees to work overtime, few could refuse. Kunshan, a company employee was Unit is free to dismiss employees do not want to work overtime? Recently, Suzhou Intermediate People's Court in this cause of overtime due to labor dispute cases made final, that their employees work overtime units, it shall promptly notify the employee and the employee agree upon; irrational and illegitimate requests for overtime, the employee can safely say Unit to be dismissed and sentenced to pay economic compensation and employee compensation 10,539.60 yuan.
refused to work overtime also lost dismissal

to arbitration, the company Pi Panpei over 10,000

3 years ago, the 33-year-old king to dry Lianyungang from home to work in Kunshan, Kunshan Development Zone, with a labor export company signed a labor contract, then was sent to a company engaged in welding work in Kunshan, a monthly income of 2,600 yuan.
2010 年 4 月 29 日 after work, pack a bag for drying the king to leave the company in charge of Hanzhu him, ask him to stay overtime. Wang Chien told the director of his own sick, busy day, unfit to continue working as a welder. Director insisted that the king dry overtime, and he made no answer, went away.
next day, the king of the normal to the company to work drying, the company sent the king to find dry conversation, the two sides broke up. May 6, the company dry of conversation once again looking for the king,mbt online, the king refused to recognize dry Day, the company repeated insults of the king in charge of dry, serious hit the ground motive, according to the company
home, the king grew more and more dry gas, why should force me to work overtime? Why on the lifting of my employment contract? May 7, Wang dry anger reflects the situation of the local labor department, said he was for health reasons simply can not cancel the contract, seek compensation, the labor department replies that he may apply for labor arbitration means for their own rights. Then the king and drying to Kunshan City labor dispute arbitration committee for arbitration, require the company to terminate the labor contract law to pay 17,500 yuan compensation, pay the social insurance.
2010 年 7 9, Kunshan City, labor dispute arbitration committee ruled: Kun Wang a company paid illegal labor contracts dry compensation 10,539.6 yuan.
company against another appeal

final decision proceedings. Trial, Kunshan a company to provide the court .
the company provided to the court testimony of several witnesses: April 30, 2010, the company manager Wu Zhiqiang, head of the King Lin Daoming and dry to the personnel office to work some of the arrangements in question and the king of dry of communication. Wang said the day before drying in charge of the arrangements to work overtime, the do not want to work overtime, and verbal conflict with the competent occurred. In the communication process,louis vuitton bags, Wang drying emotional,cheap louis vuitton handbags, and the threat of managers and supervisors, and even to take aggressive action will hand out into the fierce face 10 cm away from the manager, after being stopped, communication can not continue. Companies that abuse the king drying managers and supervisors, attitude is extremely poor, resulting in a very bad effect, they are under the
Wang dry but that the testimony of witnesses with the facts, because the witnesses could prove his statements Wu Zhiqiang have said was not feeling it do not work overtime, and the day of a process of 6 people do not have to work overtime,louis vuittion bags, a company in Kunshan talk only to its own people and themselves a penalty is not fair. production and operation needs, the king drying overtime, it shall promptly notify the king of drying and after he agreed. Wang has been head of that dry discomfort, welders and are special types of work required of a company in Kunshan Wang dry continuous work, does not meet the laws and regulations, but also unreasonable requirements of a company shall be determined in Kunshan Wang dry there is no reason to work overtime . Kunshan King to find a company provided that the company dry of conversation asked the king and the king dry dry overtime without overtime, but Wang did not dry there are reasonable grounds to work overtime, and not the king of a people do not dry overtime, no overtime process in all 6 , Kunshan inherent fault of a company.
determined according to the above, arrangements for a company in Kunshan Wang Chien inherent fault of overtime, Wang dry legitimate reasons to defend this, a company based in Kunshan, repeated abuse charge, according to a serious lack of motivation beating, not identified, it shall be determined unlawful discharge of a company in Kunshan Wang Chien of the labor contract, according to a company in Kunshan, the king should pay economic compensation and drying 10,539.60 yuan compensation .
Kunshan, a company still refused to accept the first instance decision, the Suzhou Intermediate People's Court of Appeal. Recently, Suzhou Intermediate People's Court rejected the appeal upheld, upheld the conviction. It is understood that the king did not dry the resumption of the employment contract claim, has to find another job. (Paper party is a pseudonym)

judges comments

unreasonable overtime employees can say

the saying goes: people under the eaves, how can I not give? ! As a corporate employee, often working overtime arrangements that unit certainly must unconditionally obey, regardless of whether they can adapt their bodies and so on, some workers out for Lian Zhouzhuan and serious physical demand, and even overwhelmed by the tragedy of suicide. It is related to the judge responsible for hearing the case said, the unit arranged for staff to work overtime, it shall promptly notify the employee and agreed by the staff; irrational and illegitimate requests for overtime, the employees can say
, of course, the judge also noted that the following 4 kinds of situations can not refuse to work overtime: the occurrence of natural disasters, accidents or other reasons, the health and safety of the people was a serious threat to national assets in need of emergency treatment ; production equipment, transportation lines, public facilities that affects production and public interests, shall promptly repair; required use of statutory holidays or public holidays during the shutdown equipment repair and maintenance; for the completion of urgent tasks of national defense, or to complete a higher level in the arrangements for the State plan and other emergency production tasks, as well as commercial, supply and marketing enterprises in the season to complete the acquisition, transportation, processing agricultural emergency tasks. Jin Peng Jia Hao
(Editor: SN026)