Dou so-and-so labor contract dispute with a company in Shanghai

[Case classification] : Labor contract disputes

[Commissioned time] : April 2017

【 Brief introduction 】

The plaintiff has been working as a cook in the kitchen of the defendant's office since March 19, 2007, at No. XXX, Duhui Road, Zhuanqiao Town, Minhang District, Shanghai. Both parties have signed a written labor contract, which stipulates that the plaintiff shall work according to the monthly comprehensive working hours system, the plaintiff's working hours shall be from 9:00 to 18:30, and the monthly salary shall be 4,500 yuan. The defendant unilaterally terminated the labor relationship with the plaintiff on August 31, 2016, and the plaintiff applied for arbitration for compensation and other matters. Now the plaintiff refuses to accept the arbitration award and appeals to the court. The defendant argued that on July 4, 2016, a safety accident occurred in the defendant's park, and the District work Safety Supervision Bureau therefore ordered the defendant to suspend production for investigation. In order to give customers a smooth transition time, the defendant temporarily borrowed the site of a company in the same industry for production activities and planned to relocate employees to other operations. After the defendant announced the notice of placement at the end of July 2016, the plaintiff did not report to work at the placement site within the specified time, and after repeated urging, the plaintiff still did not go to work, which was considered as absenteeism, and seriously violated the company's rules and regulations, and met the conditions for dismissal. Therefore, the defendant terminated the labor contract with the plaintiff at the end of August 2016, which fully complied with the law. Compensation for illegal termination of labor contract shall not be paid. In addition, the defendant has paid the plaintiff 200 yuan of the difference in high temperature fees in 2015 in accordance with the arbitration award; Agreed to pay the plaintiff 200 yuan for the high temperature fee in July 2016; In August 2016, the plaintiff did not go to work, so the defendant did not agree to pay the plaintiff the high temperature fee for that month. The defendant shall apply a monthly comprehensive working hours system to the plaintiff's post, and the defendant shall pay the plaintiff's overtime overtime wages in full according to the plaintiff's working conditions. As for overtime pay on rest days, there is no overtime pay on rest days because the defendant applies a monthly comprehensive working hours system to the plaintiff's position.

【 Lawyer analysis 】

The plaintiff claims that the defendant pays his usual delayed overtime pay request, the defendant to prove the plaintiff's overtime and pay the plaintiff overtime pay, the defendant provided a personal salary schedule and attendance table, although the plaintiff did not recognize the above evidence, but it did not provide sufficient evidence to refute, confirm that the above evidence has the power to prove the case. Based on the above evidence provided by the defendant, it has been calculated that the defendant has not paid the plaintiff in full the usual delayed overtime wages during the period from September 2014 to July 2016, which should be made up. Accordingly, the Plaintiff asserts that the reasonable part of the defendant's request for payment of his wages for ordinary extended overtime during the said period should be upheld.

【 Verdict 】

Acting by lawyer Wang Hong, the court finally supported the plaintiff's claim, and the defendant Shanghai Long Company paid the plaintiff Dou Mou the overtime wage difference of 14,968.62 yuan within 10 days from the effective date of this judgment, and paid the plaintiff 200 yuan for high temperature.