Employees of a company have a large number of unqualified export products processed by the company, which affects the production progress. In order to catch up with the order, the company forced all employees to work overtime continuously, working more than 3 hours per day in excess of normal working hours, and refused to pay overtime pay. The employees expressed dissatisfaction with this, and the union representative came forward to negotiate with the company's leaders, demanding that the overtime work be stopped without pay and that overtime wages be paid. However, the company insisted that the failure to complete the order on time was due to the negligence of the employees during the production process, so the employees should be liable for overtime and should not be paid. This explanation caused a backlash among employees.
Q
Should all employees be responsible for these losses?
A
These losses should not be borne by all employees.
First of all, the employees are very practical, and they do not choose to swallow their anger or take drastic actions, but to negotiate with the company's leadership through union representatives, which is very wise. Although the negotiations were unsuccessful, the way the employees communicated was commendable.
On the question of whether the employee should bear the loss, the answer is no. Although the company believes that the employee's mistake caused the order to not be completed on time and caused financial losses, this does not mean that the employee should be fully responsible for this, and the company's understanding has no legal basis.
According to the provisions of the current Labor Law of our countryEmployers should implement a standard working hours system, i.e., 8 hours a day and 44 hours a week。If the nature of work or the characteristics of production limit the working hours system, other work and rest methods may be implemented in accordance with the relevant provisions of the State. However, other working hours must be reviewed and approved by the labor administrative department. At the same time, the employer may extend the working hours due to the needs of production and operation, but it must be negotiated between the labor union and the employee, and generally shall not exceed one hour per day, and if the working hours need to be extended due to special reasons, the extended working hours shall not exceed three hours per day and 36 hours per month under the condition of ensuring the health of the employee. The company shall pay overtime wages in accordance with the provisions of Article 44 of the Labor LawThat is, if the employee is arranged to work longer hours, the wage remuneration shall not be less than 150% of the wage; If the employee is assigned to work on a rest day and cannot arrange a compensatory break, he or she shall be paid a wage remuneration of not less than 200% of the wage; If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of his wages.
Therefore, when arranging overtime, employers must strictly implement the requirements of the Labor Law on overtime procedures, working time standards, and payment of wages and remuneration. If the company's losses are indeed caused by the mistakes of a small number of employees, the employees should be punished according to the company's rules and regulations, and the employees cannot be punished by overtime and non-payment of overtime wages, let alone overtime pay to make up for the company's economic losses. These losses should not be borne by all employees.