배움과 공유의 시간

Based on the above-mentioned agenda, let's look at the issue of proving and distributing overtime costs in case of labor litigation.
1 Workers claiming overtime pay submitted rudimentary evidence: Some of the original absenteeism and tardiness records signed by the department manager in the above agenda have been obtained and submitted by the worker, and this record lists weekend overtime work every week.
2 The Company presents evidence that overtime work does not exist: In the above issue, it has submitted a wage statement signed by the worker. However, due to the wide gap between the number of working days on the wage statement and the number of absenteeism and absenteeism and tardiness records submitted by the workers, the court did not acknowledge its veracity.
3 If the company fails to verify paragraph 2 and also fails to submit a valid absenteeism and tardiness record, the court shall acknowledge the claim of overtime work by the workers based on paragraph 1.

As soon as employee dissatisfaction builds up and opinions begin with the company, it should be considered that employee evidence collection begins. In particular, overtime costs are the most frequently filed item at the time of retirement, so the company needs to pay attention to the following points to ensure that unfavorable evidence does not leak:
o If overtime expenses are not accurately calculated and paid, the workbook should be written, e-mail, Weissin, or the work group should be posted to order extra work.
o the act of specifying Saturday's normal work schedule in the labour contract, or employment rules;
o Write overtime hours on the wage table and other wage items (e.g. overtime pay, etc.) instead of overtime expenses;
an act of payment
o After overtime is completed, the written evidence provided in other name (benefit, subsidy) other than the cost of overtime is not included in the report;
the act of leaving behind

3. Working-level measures for overtime management

(1) Establishing an approval system for overtime review and approval - Control of unbridled overtime work

Article 41 of the Labor Law of China states, "User may extend working hours after consultation with the public and workers, by the need for production management." In other words, overtime refers to the task that the user gives instructions and the staff accepts and proceeds. It is not acceptable for a worker to work overtime on his own, despite the absence of a company's demand.
If the company has a overtime review approval system, the employee must obtain the company's approval in advance if he or she is unable to complete the normal work duties during normal working hours, otherwise it cannot be recognized as overtime. In other words, it can be recognized as a overtime work only if the company has arranged the overtime work or if the employee has applied for approval from the company in advance.
The company should avoid unnecessary disputes caused by lack of an arrangement or uncertainty of the arrangement by clarifying the implementation of the overtime review and approval system, without going through the overtime review process, and by making it clear that the overtime work is not subject to payment for an hour.

[Example] Are overtime work recognized in the absenteeism and tardiness record table?
Mr.Wang remained alone in the office every day and worked hard even after work hours had passed. After two full years of service, Mr.Wang tendered his resignation for a former job and at the same time charged the company with two years of overtime expenses. The company was incomprehensible. Because he never asked Wang to work overtime, and he voluntarily stayed in the office after work. In addition, for two years Mr.Wang had never asked the company for overtime. Therefore, the company replied that overtime payment was not necessary.
(labor arbitration result)
Mr. Wang's absenteeism and tardiness records show that he spent more than eight hours each day at the company
but there's evidence that he worked at the company after work
I didn't been submitted. The company has a clear overtime screening and approval system, but applies for overtime work.
Instead, he stayed at the company to handle business. So, Mr. Wang's behavior is...
I reject the claim because it does not belong to overtime.

As shown in the above example, a simple absenteeism and tardiness record can only prove that the employee has been in the company for a company.
Only. However, if the company does not have a "work permit system," the company will be in a difficult position to prove that its employees did not work overtime by using other evidence in the event of a labor action.

[working-level measures]

1 The employment rules stipulate the overtime review and approval system.
The overtime work shall be carried out after obtaining approval from the supervisor in advance using the application for overtime work.
[Example] "The company does not advocate extra work for the employees. The extra work of the staff must be done by the company.
It shall be approved or arranged and shall be approved by the company or by an employee without the company.
Voluntary overtime is not recognized as overtime."

2 A work permit system shall be specified in the labor contract.
In addition to the employment rules, the labor contract stipulates the approval system for overtime work. There is a legal risk if there is no commitment to labor contracts individually concluded 1:1 and only to employment rules. This is because if the employment rules are invalidated (e.g., employee's signature on notice, non-acquisition, etc.) the legal effect is lost.

(2) Preferred arrangements for alternative vacations

Labor laws stipulate that if extra work is given on weekends off (Tuesday and Sunday), alternative leave should be granted first. The legislative purpose is to ensure workers' right to rest first. Therefore, if overtime is ordered on the day of rest, the user may arrange the alternative leave as a priority, and in the event of a failure of the replacement vacation, the obligation to pay the overtime fee is incurred.
Since weekend overtime costs are 200 percent, it is necessary to control overtime spending first by choosing an alternative vacation. In some cases, employees refuse to arrange alternative vacations for the company after weekend overtime and ask for 200 percent of overtime fees, but there is no legal basis. However, in the case of certified and technical workers, replacement leave is generally applied to office management and business positions, as they often refuse to work overtime on weekends unless they are paid 200%.
The expiration date of alternative vacation days for overtime work on weekends is in accordance with company regulations, but it is often required to be used within three months. The legal acceptance of alternative vacations is limited to weekend overtime, and not to weekdays or legal holidays. It is a violation of labor law to grant them alternative leave when they accumulate extra work without paying extra work after ordering them to work on a weekday work.

[ Opinion on a Little Problem Related to the Thorough Implementation of Labor Law ]
Article70 If a worker is required to work on a day off, the employee shall first be given an equal amount of time off.
If it is necessary and cannot be granted a substitute vacation, based on the provisions of Article 44 (2) of the Labor Act,
Workers should be paid a premium wage (200%) of overtime hours.

(3) Rational arrangement of overtime pay riders

Except for some areas (acidity), most areas, such as Gangso-seong, Guangdong, and Shanghai, are recognized by the law enforcement agencies when the number of overtime workers is agreed within reasonable limits. For example, if a wage item is divided into several categories, the basic wage is set at approximately 70 per cent of the total, and the remainder is paid by various allowances, subsidies, and variable performance benefits, and if the basic wage is promised on the labor contract as a period of overtime, the expenditure on overtime can be reduced as much. It is important to note that, if an arrangement is not made, there is a risk that the entire wage will be recognized as a non-regular overtime period.

(4) Setting the fixed residual cost

In the case of an employee who works overtime for a certain amount of time each day, such as the driver or the production supervision of a factory, or the company that is required to work on Saturday, the total remaining hours of the month shall be set in advance and paid as a fixed overtime rate. This means that extra work is paid in advance, and the regular wage is reduced by that much, thus lowering the number of overtime
On the other hand, if a fixed overtime fee corresponding to the remaining work time of 20 hours per month is paid, an additional supplement to the overtime fee is required if the actual overtime time exceeds 20 hours.

[Example] Saturday Anti-Japanese Service Anbashi, Set Fixed Residual Expenses
For employees with a basic salary of 2,000元, the hourly overtime rate is 2000/21/75/8 =11.5元. If you work extra four hours every Saturday, it will be four hours by five times by 20 hours by 11.5 by 2 = 460 hours.
Therefore, if the basic salary of 2,000元 + fixed overtime (five hours on Saturday) is paid 460 = = 2,460위 and the wage statement states the extra work cost on Saturday, it is deemed to have been calculated and paid in advance. Without doing this, for example, if the overtime pay is set at 300元, the employee may at any time request for a supplementary payment for the difference of 160元.
Meanwhile, for example, in anticipation of a four-hour shift on Saturday, the company would have to pay an additional 20 hours per month in advance in the form of fixed overtime, but if the business conditions had actually worked eight hours on Saturday, the company would have to pay the difference from the actual overtime.

(5) Using the special working hours system - Conditions for obtaining approval from the Bureau of Labor

In the case of drivers, out-of-the-box salesmen, and advanced management jobs, the irregular work system can free them from the obligation to pay overtime. Even if it is a temporary work system, some regions, including Shanghai, Shenzhen and Honam provinces, require 300 percent of overtime pay for overtime work on legal holidays, while others are not required to pay overtime fees, whether on weekends or on legal holidays.
The comprehensive calculation work time system calculates the total amount on a given period of time, and the obligation to pay overtime costs is 150 per cent for the time that is exceeded. Compared to the standard working hours system, there is no need to pay 200% overtime for weekend overtime work, and it is possible to save a significant amount of overtime money if operated in an off-season way by reducing working hours and increasing them during peak seasons.

(6) Arrangements for labor contracts for effective working hours

The hairdresser doesn't do haircuts all day long, and when there's no customer, she's in the office.
Rest. If no arrangement is made, there is a risk that overtime charges will be filed upon retirement, saying that the entire office hours were working hours. To prevent this, a store, a hair salon, etc.
If the work intensity is not high, the atmosphere is high, and the rest area is available during the waiting period.
At the time of joining the company, the contract states that "the effective working hours of the staff are * hours per day."

01 Absenteeism and tardiness management

The most basic way for a company to proceed with its management of workers is to require employees to commute on time. If there were no constraints on myopia assessment, employees would be less time-conscious, and if the time-concepts of the organization’s members were loosened, it would inevitably lead to a lack of discipline in the workplace, as well as reduced work efficiency throughout the organization, and waste of time resources.

1. Overview of Absenteeism and Absenteeism

Absenteeism and tardiness management refers to the task of checking, processing and analyzing the attendance status of employees, such as commuting, late attendance, absenteeism, vacation acquisition and overtime work. Absenteeism and tardiness records are the basis for calculating labor compensation and are used as important evidence that must be submitted in court in the event of a labor lawsuit.

(1) Absenteeism and tardiness management method

There are various methods of absenteeism and tardiness inspection as shown below. An entity may choose the appropriate method depending on its business characteristics, size of personnel and job characteristics.
　　 Comparison of typical absenteeism and tardiness methods
Advantages of Absenteeism and Absence of Absenteeism and Absence
Difficulty in falsifying the records of absenteeism and labor disputes, signature requires supervision of the personnel who specialize in evidence capability and is applied to the workplaces of the few employees who are busy with statistics.
Time Recorder High maintenance cost due to the use of time cards applicable to any type of business. Small business establishment with easy proxy check, non-credit card or frequent loss
ID Access Card S/W facilitates statistical aggregation. Large-scale access to or access to a credit card can be conveniently checked.
Frequent card failure and loss situations suitable for work places isolated from outside
Fingerprint recognition check: Difficult to operate false information, convenient check speed for statistical aggregation due to S/W, and possible recognition failure due to weather factors
Mobile phone S/W Checkout outside of work combined with the location measurement function of the smartphone, such as a dependent salesman.

Prevention of Absenteeism of Absenteeism and Absenteeism
The manipulation of absenteeism and tardiness checks is widespread in the labor scene. Time recorders and ID cards are easy to check by proxy, and in the case of fingerprint recognition absenteeism and tardiness, they make silicon fingerprints and make proxy checks to other employees to earn extra money.
To prevent and ensure evidence of such absenteeism and tardiness, the entity needs the following preventive measures.
1 Strict punitive measures against absenteeism are specified in the employment rules.
[Example] Check absenteeism and tardiness cards on behalf of others, or check absenteeism and tardiness cards with others
If consigned (one: written warning, two: contract cancellation)
2 CCTVs are installed around the muscle tone inspection machine to record employee absenteeism and tardiness check activities.

Preparation of monthly absenteeism and tardiness inspection table
Before monthly wages are paid, it is necessary to compile a comprehensive monthly absenteeism and tardiness inspection record of each department's staff, overtime and vacation conditions. The completed summary sheet shall be sent to each department to obtain the employee's signature and pay the wages based on it.
Recently, most companies have been conducting fingerprint or IC card-based absenteeism and tardiness checks. Nevertheless, the records of absenteeism and tardiness that the company submits out of the electronic muscle record system in the event of a labor action are not adopted in the case of a labor action unless the worker acknowledges them because of their operability.
Therefore, it is desirable for electronic absenteeism and tardiness management to produce monthly absenteeism and tardiness record data, prepare the monthly absenteeism and check employee’s signature, and calculate the monthly salary based on that. Evidence that such an employee's signature has been verified is recognized by the court.

(2) Precautions for absenteeism and tardiness management

1 Poor absenteeism and tardiness evaluation directly leads to litigation risk
The Absenteeism and tardiness management system is the basic management work of the company, and the company shall be responsible for proof of the employee's attendance at the company in the event of a labor lawsuit with the employee. For example, disputes such as unauthorized absences from work and unpaid annual leave are all directly or indirectly related to the confirmation of rush hours. In the event of a failure to perform a Absenteeism Assessment or a poor performance, the Company may not submit a valid Absenteeism Assessment record to the court, which will soon lead to the company's defeat.

2 Reasons for absenteeism and absence are required
It is always happening when employees are absent from work due to sick leave and vacation. However, without clarifying the type of absenteeism, there can be disputes over whether they are absent without leave, vacation or vacation. In particular, annual leave should be compensated for double wages when unused, so the company should clearly record the situation of annual leave in the Absenteeism and then obtain employee's signature confirmation every month.

3 Need to confirm worker's signature on monthly absenteeism and tardiness tally sheet
Absenteeism and tardiness aggregate is used as a very important piece of evidence in labor litigation. The most controversial issue in the case is whether the Absenteeism and tardiness tally sheet, which does not have the employee's signature verification, has proven effective. The Absenteeism and tardiness statement, printed through fingerprints and ID cards, is subject to manipulation, so it is difficult to be recognized in law unless signed by an employee and denied by an employee in court. Meanwhile, various written requests, overtime work certificates, and CCTV recording materials installed in front of the muscle check size can be used as supporting evidence in the event of a lawsuit, so keep them safe.

4 Unauthorized implementation of the Special Working Hours System by the Labor Bureau
In the case of positions that implement special work hours, such as irregular or comprehensive work hours, approval from the Labor Office is required. Without the ratification of the Bureau of Labor and by bilateral agreements alone, they could face huge overtime pay lawsuits.

5 Clear definitions of working hours and abnormal work conditions and regulations on punishment are required
The company's absenteeism and tardiness management system includes such matters as the working hours system, the definition of work hours, punishment clauses, work hours arrangement, and overtime application procedures, and legal risks exist if the regulations are ambiguous or not properly enforced.
For manufacturing companies, a clear provision should be made for "work-in-time breaks" to prevent collective demand for overtime costs. Also, the definitions of tardiness, early leave and absence without leave shall be defined and the handling (punishment) shall be specified accordingly.

6 Need to establish an approval system for overtime work
The entity should clarify the review approval process for overtime to prevent circumstances in which employees work overtime for personal reasons and require overtime fees. Only overtime work, which was applied in advance and approved by the supervisor, shall be subject to overtime, and any unauthorized overtime work shall be recognized as voluntary overtime, and the verification procedures for after overtime work, actual overtime hours and the circumstances of completion of the work shall be stipulated.
2. Handle abnormalities at work

(1) Handling of tardiness and early leave

The processing of tardiness and early retirement requires different responses depending on the nature of the industry or the size of the company. For businesses with a large workforce such as manufacturing and distribution businesses, it is desirable to operate a system that requires strict attendance at work, such as overtime pay, cuts overtime pay for those who leave work beyond a certain level, and reduces their corresponding wages by considering it as unauthorized.

[Example of Employment Rules] Definitions of Perception, Early Departure and Handling Regulations
(1) If an employee checks a fingerprinting machine within an hour (including) after the time of work, it shall be considered late.
(2) For reasons other than the need for work, it shall be regarded as an unauthorized leave of work if the employee leaves the place voluntarily before work hours.
(3) If a person exceeds one hour late or leaves work without leave, he or she shall be treated as a half-day without leave (per day.
A deduction of 0.5 times the basic wage), a lateness of more than 4 hours or more (a deduction of 1.5 times the basic wage per day) shall be treated as one day of unauthorised leave of absence (a deduction of 100% of the daily wage) and a deduction of 100% for overtime pay.
(4) If there is more than three accumulated periods of late or early leave each month, the allowance for overtime shall be deducted by 100%.

(2) Handling unauthorized absences from work

Unauthorized absence is an act that seriously destroys the order of work. If the employment rules stipulate that the contract is canceled in a row of zero days, dismissal is possible. However, truancy should satisfy three conditions at the same time, the approval of the 2nd boss of 1 labour and the absence of a valid reason for 3rd Of these, the most important is Section 3, and if there are justifiable reasons, such as accidents or unexpected diseases, the company's dismissal is not recognized as legitimate.
Unauthorized absenteeism does not mean just absence without leave. It is also a form of truism that refuses to adjust the company's legitimate duties, does not go to work in a new position, or does not follow the company's instructions and thus does not take up a designated position. Companies need to set clear rules on what circumstances in the employment rules "are considered to be absent without leave or without leave" and to specify corresponding measures in the employment rules.

[Example of Employment Rules] Defining and Handling Unauthorized Absences
(1) If the following cases apply, consider it an absence without leave and dispose of it without leave.
1 Those who do not pay a request or do not report to work without approval.
Do not apply for an extension of the vacation even though the vacation period has expired, or apply for an extension of the vacation.
a person who does not show up for work despite his unauthorised consent
2 sick leave, person who has rewritten or forged a request certificate;
3 The reason for the request or the person whose certificate does not match the facts
4 Those who do not attend business meetings or company arrangements held by the company without approval
5 Those who disobey the company's job-coordination arrangements due to job-deficiency, fail to take up a new position, or fail to participate in education arranged by the company as a cause of job default
6 Those who do not come to work without permission during the handover period
7 If a person refuses to work without good reason, he or she is considered absent without leave and is absent without leave.
Time is reckoned as the time you refused to work.
8 Adjustment of duties or assignment without obedience to the assignment and without objection in writing,
a person who does not come to the work post at a fixed time.
9 Those who exceed the threshold of being late (1 hour) or who leave school without leave
10 All kinds of absences without proper cause
(2) Handling unauthorized absences from work
1 For half-day without leave, 0.5 times the basic wage per day shall be deducted and 1.5 times the basic wage per day for one day without leave.
Two consecutive days of absence without leave (including) or five days of absence accumulated in the year shall be strictly violated and the labor contract terminated.