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发表于 2014-10-26 04:56:44 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
Night night shift for 12 years, at least 16 hours a day, never enjoyed the holidays, until March 27 this year, before they get 200 yuan of overtime. Only a third grade education level of migrant workers from Hunan Province,http://www.shujuquan.com.cn/home.php?mod=spacecp&ac=blog&blogid=, Wu Bing, its service for 17 years,http://www.facetwitter.pw/?module=gfhtryh0k30d, Shenzhen Gas Group Co., Ltd. Shenzhen burning LPG court to require the company to pay overtime totaling 12 years more than 40 million. September 26,outlet barberino woolrich, the Shenzhen Intermediate People's Court hearing of the case.
The court
12 years of continuous duty overnight, only won 200 yuan overtime
Wu Bing, 42, 1995 Belle entry Shenzhen Gas Company gas station (now burning deep in Shenzhen Gas Group Co., Belle LPG gas station),http://zazna.com/selection/index.php?item/create_form/1, became an aspirated piece work. The early years of no salary,giubbotto peuterey uomo prezzo, depends on their own effort, send a bottle of gas was 3 yuan or five dollars hard costs.
July 2000, Wu Bing into contract workers by the company and signed a post as administrative matters types of labor contracts, according to the standard working hours of work. But Wu Bing said his actual work at night and Warehouse send gas attendant staff, working 12 hours a day, including: 20:00 to 11:00 Warehouse send gas work undertaken, 11:00 to 8:00 the next morning for night attendant, responsible for safety inspections throughout aspirated station.
2003 onwards, the company in order to promote business development,http://www.corelearningunit.nhs.uk/item/create_form/1, requiring employees to actively develop customer supply station,woolrich outlet sito ufficiale, efforts to increase sales. This policy has only 1,000 yuan to Wu Bing wage brings hope. To increase revenue, from January 2003 to start his night shift at night, during the day and pull through relatives and friends around the business, after pullback business, dragged his exhausted body, with his wife, stepping aspirated tricycle, tirelessly send gas. So the couple can get results aspirated month around 4,woolrich spaccio online,000 yuan commission.
Wu Bing came to Shenzhen to work for 17 years, has not been back home for the New Year. Spring Festival this year,chaussures nike pas cher homme, his friends agreed charges 80 dollars a day to replace him on duty seven days, Wu Bing was in the afternoon of New Year's Eve with his wife and young son to ride the train back to his hometown in Hunan New Year.
Spring Festival to find someone to replace the work back, but Wu Bing "accidentally" won the 200 yuan of the Spring Festival overtime, it suddenly dawned on overtime as well as overtime. Thus,woolrich catalogo, never knew Wu Bing "Labor Law" produced a series of question marks, since there is overtime pay overtime, that this 12-year consecutive overnight rest day overtime night shift gone? Other employees Shangyitianban rest day, almost every day to work himself, take even lower wages than other colleagues.
To this end, Wu Bing numerous experiences of finding department heads to ask for overtime pay, but for various reasons were the leaders and the so-called historical issues refused. Wu Bing to make concessions, said his many years of staying up late, often physical discomfort, if resigned to enable companies to compensate for the standard one month a year, but company leaders only agreed to compensate 3000-8000 yuan. In desperation,moncler milano outlet, Wu Bing had to embark on the road of litigation, arbitration and has filed a lawsuit to Shenzhen labor dispute arbitration committee and the Futian District People's Court, requiring the company to pay 12 years of peacetime overtime, rest day overtime,http://www.fukushi-hiroba.com/magazine/cgi/talk/ftalk.cgi?res=175, statutory holidays,airmaxpascher, overtime such as overtime and economic compensation totaling more than 40 million.
Controversy
Department of duty recorded personal production, the company does not recognize the fact that overtime
Wu Bing for overtime pay and other disputes, Wu Bing work units deep burning petroleum company insisted that the fact that there is no overtime Wu Bing, on the grounds that only attendant jobs Wu Bing, an administrative affairs management positions, its main Work on duty to answer the call and for security work, which does not include aspirated. Wu Bing-duty time for the site and the service time ends (ie 23:30) to 7:30 the next morning,http://www.9000w.com/bbs/forum.php?mod=viewthread&tid=662005, the weekly working time is 5 days.
In this regard, Wu Bing submitted a partial record of this duty, the duty to register applicants every record in the table succession time 20:00,giaccone woolrich prezzo,http://www.lvxpower.com/news/html/?389723.html, shift time is 8:00. Deep burning petroleum company places the duty to Wu Bing unilaterally making this record, there is no company seal, nor signed by the relevant personnel are not recognized. Wu Bing submitted another part of the "bottled gas business acceptance Single" and "receipts" to prove their conduct aspirated facts. Deep burning petroleum companies such evidence submitted by Wu Bing still have not been signed and sealed by the applicant or a related person are not recognized.
Deep burning petroleum company,giacche woolrich prezzi, Wu Bing payroll in a lump sum allowance is wages, allowances included in its month of overtime wages. Wu Bing said that their wages includes hourly wages and piece wages,outlet online peuterey, where the attendant working for hourly wages, wage standards for minimum wage; aspirated workers for piecework wages are conducted in accordance with the amount of air commission, salary table allowances that its commission as aspirated workers wages.
Judgment
Real wages than the lump sum wage, overtime pay court deemed
Labor Arbitration Committee and ultimately Futian District Court were dismissed Wu Bing's request for arbitration and litigation. Labor Arbitration Committee and Wu Bing,http://eagleq.org/home.php?mod=space&uid=161580, Futian district court had held that the implementation of the lump sum wage, which described its payroll contains overtime allowance, in this case, deep-burning liquefied petroleum gas company during the said period and overtime allowances paid high wages on account of the Wu Bing deserve overtime pay, that wages are paid by the company has been included in full overtime pay.
Wu Bing believes Court of First Instance finds that the facts wrong and improper application of the law, leading to the decision unfair. After that, Wu Bing appealed to the Shenzhen Municipal Intermediate People's Court. September 26, the Shenzhen Municipal Intermediate People's Court official hearing the case.
Newspaper will continue to focus on the case,airjordanpascher.
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