On January 25, the Supreme People's Court, the Ministry of Human Resources and Social Security, and the All-China Federation of Trade Unions jointly released typical cases involving wage arrears disputes, clarifying the diversified ways to resolve wage arrears disputes through cases, promoting the implementation of the security system, curbing the occurrence of wage arrears from the source, improving the long-term mechanism of wage arrears, and effectively safeguarding the legitimate rights and interests of workers and social harmony and stability. "Online overtime" pay should be combined
Determination of factors such as the frequency and duration of overtime work by employees
Li joined a cultural media company as the director of short-term operations, and the two parties signed a labor contract with a period from April 8, 2020 to April 7, 2023, and agreed on a three-month probationary period, with a salary standard of 20,000 yuan per month during the probationary period. During his tenure from April 8, 2020 to May 28, 2020During non-working hours, the work of replying to the design plan and improving the plan was completedOn May 28, 2020, a cultural media company terminated the labor relationship on the grounds that Li did not meet the employment conditions during the probationary period, and did not pay Li overtime pay. Li believed that a cultural media company had illegal acts such as failing to pay overtime pay, and applied for labor dispute arbitration. Later, Li was dissatisfied with the arbitral award and demanded that a cultural media company pay overtime pay 196705 yuan, 26,331 yuan for overtime pay on weekends and other litigation claims. The trial court held that the amount of overtime pay should be determined based on the employee's position and work situation, the employer's business characteristics, and the remuneration payment standard. Because Li's work did not need to be completed in the employer's workplace, and the working hours were relatively scattered, it was difficult to quantify attendance and conduct scientific statistics, the trial court determined that a cultural media company should pay 10,000 yuan for overtime based on the WeChat content submitted by Li, the company's attendance time and salary standards; According to the content of WeChat, it was determined that Li had three days off to work, and a cultural media company was ordered to pay 5,517 overtime pay on rest days24 yuan
"Online overtime" occurs during non-working hours and non-working locations, and the work arrangement and results submission have shifted from offline to online, which has the characteristics of home-based and fragmentation, which is different from overtime in the traditional sense, and there are problems such as it is difficult for employers to supervise and manage employees in real time, and it is difficult for employees to provide evidence to prove their overtime hours. According to the relevant person in charge of the Supreme People's Court, in this caseWhen determining overtime pay for "online overtime", the people's courts shall determine the worker's overtime pay as appropriate, based on the standard for determining the rest time taken up by the laborer for the labor provided, and comprehensively consider factors such as the frequency and duration of the worker's overtime, wage standard, and work content, so as to protect the lawful rights and interests of the worker in accordance with lawThe employer changes the method of payment of wages
It should be agreed upon with the worker
Employers have the legal obligation to pay wages to employees in full and in a timely manner. In recent years, along with economic and social development, some employers have chosen to pay wages through third-party software or online platforms, resulting in inconvenience for employees to withdraw wages, and even some expenses have been deducted, which objectively leads to a decrease in the income level of employees. As a relatively weak party in the labor relationship, the employee cannot choose the payment method of labor remuneration on his own. A training center paid wages to Yang through bank transfer, WeChat transfer or Alipay transfer. Later, a training center paid wages to Yang through a shopping platform, and Yang could only withdraw part of his salary from a shopping platform in proportion. Mr. Yang believed that a training center had illegal acts such as paying wages through a shopping platform without his consent and failing to pay wages in full, and applied for labor dispute arbitration. Later, Yang was dissatisfied with the arbitral award and requested a training center to pay the unpaid wages 1498176 yuan and other litigation claims. The trial court held that in view of the fact that Yang's monthly take-home salary was lower than his due salary due to the payment of wages through a shopping platform, the training center should have reached an agreement with Yang on changing the wage payment method. Mr. Yang was unable to receive his salary in full through a shopping platform, and had repeatedly expressed to a training center that he did not want to pay wages through a shopping platformAs an employer, a training center has the obligation to pay labor remuneration to employees in full and in a timely manner, and ordered a training center to make up the difference in Yang's wagesThis case clarifies that the employer shall agree with the employee on the change of wage payment method through negotiation and shall not violate the mandatory legal provisions. If the employee's income decreases due to the employer's reasons, the employer shall have rules such as the obligation to pay the arrears of wages, guide the employer to exercise its operational autonomy in accordance with the law, and fully safeguard the legitimate rights and interests of the employee. **丨People**