Workers Must Be Provided With Labor As A Prerequisite For Their Remuneration For Labor.

In December 6, 2013, Gao went to a building material company as a salesperson.

At the end of May 2016, Gao asked the building materials company to reissue the period from January 2015 to April 2016.

After the rejection, an arbitration application was submitted to the local labor and personnel dispute arbitration committee, requiring the building materials company to reissue 48 thousand yuan in labor remuneration and 12 thousand and 300 yuan in economic compensation.

The building materials company argued that the labor remuneration paid by Gao a in 1-3 months in 2015 has already been paid. However, since April 2015, Gao has not worked attendance at the company, nor has provided labor.

Gao has no right to reissue labor remuneration and economic compensation.

According to the Arbitration Commission, the authenticity of the attendance record submitted by a certain building material company is considered, but it is not considered necessary to conduct the attendance record as a salesperson.

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Other staff engaged in business sales in the building materials company have attendance records during the period, and have also received corresponding labor remuneration. Gao also has attendance records during the 10-12 month of 2014, which is contradictory to Gao's assertion that salesmen do not need attendance.

However, according to the evidence provided by Gao, it has relevant evidence for business dealings with building materials companies during different months of the period. It can be identified that Gao has provided the building materials company with the relevant months during that period.

It has the right to obtain the corresponding remuneration for labor.

In the end, the Arbitration Commission decided to pay a labor remuneration of 26 thousand and 800 yuan in a related month by the building materials company.

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The State implements a working hour system with workers working at no more than eight hours per day and working hours less than forty-four hours a week on average.

Due to the needs of production and operation, the employer can extend the working hours after consultation with the trade unions and workers. Generally, no more than one hour per day. For special reasons, it is necessary to extend the working hours. Under the condition of ensuring the health of the workers, the extension of working hours should not exceed three hours per day, but not more than thirty-six hours per month.

Workers who work under the "996 working system" have to work for eleven hours a day, except the lunch break time. The working time has reached sixty-six hours per week, which is more than the upper limit stipulated by law.

Although the law stipulates that some enterprises can not implement the "eight hour work system" and "forty-four hours working hour system", the premise is approved by the labor administrative department.

Although the forty-second section of the labour law of the People's Republic of China also provides exceptions to extend the working hours, it is necessary to deal with emergencies when natural disasters, accidents or other causes threaten workers' lives and health and property safety. Failure of production equipment, pportation lines and public facilities, which affect production and public interests, must be promptly repaired.

However, one of the Internet companies has not been authorized by the labor administrative department, and the Internet information service is not an exception.

It is illegal to work overtime overtime seriously, but not paying overtime pay is a mistake.

The company tried to enforce the "996 working system" in the form of "oral notice".

In this regard, insiders pointed out that oral notification is also a form of company management, and it can not be denied the actual binding force because it is not formally written.

In case of litigation disputes, workers can claim their demands as long as they can prove the fact of overtime.

In the fourth Plenary Session of the 18th CPC Central Committee, the Party adopted the decision on comprehensively promoting several major issues of governing the country according to law, and proposed that all kinds of illegal activities should be punished according to law and law enforcement efforts should be strengthened in the key areas of vital interests to the masses.

The departments concerned should put the grievances of the broad masses of workers in mind, support the disadvantaged labourers, let those who trample on the law pay the price they should pay, take the initiative and act as the authorities, intensify the enforcement of the law, and give the workers a favorable environment for employment.