The irregular working hours system refers to the working hours system in which some employees have no fixed working hours every day after being approved by the labor administrative department because the enterprise cannot implement the standard working hours system due to the production characteristics.
Processing flow of irregular working hours in Chengdu:
Step 1: The applicant submits an application with relevant materials according to the human resources and social security department at the same level of the industrial and commercial business license registration authority, and the contractor conducts the preliminary examination. If the application materials are complete and conform to the prescribed form, they shall be accepted; if they do not meet the acceptance conditions, they shall immediately inform the employer; if the application materials are incomplete, they shall be informed to make corrections.
Step 2: Within 20 working days (the acceptance time is 15 working days), if it meets the statutory conditions and standards after examination, a written decision to grant the license shall be made according to law, and the employer shall be informed. Application materials:
1, apply for flexible working hours or comprehensive working hours;
2. 1 copy of "Application Form for Employing Units to Implement Flexible Working Hours and Comprehensive Working Hours" (double-sided printing); (Click to download)
3. 1 Copy of the business license of the enterprise (stamped with the company seal);
4. A written labor contract 1 copy (with official seal) is required to sign a collective contract, and a collective contract sample 1 copy is required; 5, the implementation plan of the special working hours system;
6. If the employer applies again after the expiration of the special working hours system, it shall report the implementation in the early stage in writing;
7. Opinions of the enterprise trade union (1 copy of the Qualification Certificate of Trade Union as a Legal Person is required and stamped with the seal of the trade union; The resolution of the workers' congress shall be signed by the workers present). If the enterprise has not established a trade union organization, it shall provide a "special working hours system staff meeting", and the employees attending the meeting shall sign for confirmation;
8. The person in charge of an enterprise without legal person qualification shall provide the power of attorney of the enterprise as a legal person in writing.
(1) application conditions
The following personnel of enterprises, private non-enterprise units, state organs, social organizations and other employing units registered in the administrative department for industry and commerce may implement a special working hour system: (labor dispatch companies are not within the scope of application) 1. The employing unit may implement flexible working hours for the following employees:
(1) Senior management, field personnel, sales promotion (sales) personnel, some on-duty personnel and other employees who cannot implement the standard working hour system due to work reasons;
(2) Long-distance transport personnel, taxi drivers, some loading and unloading personnel in railways, ports and warehouses, and employees with special work nature who need mobile operations;
(3) Other employees who are suitable for irregular work due to production characteristics, special work needs or responsibilities. 2, the employer can implement the comprehensive calculation of working hours for the following employees:
(1) employees in transportation, railway, post and telecommunications, water and electricity, aviation, fishery and other industries who need to work continuously because of their special nature; (two) some employees in industries limited by seasonal and natural conditions, such as geology and resource exploration, construction, salt making, sugar making, tourism and other industries; (3) Other employees who are suitable for comprehensive calculation of working hours.
(2) Fill in "Application": The column that the employer should fill in shall not be "empty". (3) Schedule of work and rest:
1, the working system of comprehensive calculation of working hours is implemented, and relatively concentrated work and relatively concentrated rest can be adopted to ensure the normal production and operation of enterprises and the legitimate rights and interests of workers. If the comprehensive working hours system is implemented, the average daily working hours and the average weekly working hours shall be basically the same as the statutory standard working hours; The total actual working hours in the calculation period shall not exceed the total legal standard working hours. If the actual total working time exceeds the statutory standard working hours, it shall be regarded as an extension of working hours, and the average hours of extended working hours shall not exceed 36 hours per month; For jobs with physical labor intensity above Grade III (including Grade III), the daily continuous working hours of the workers shall not exceed 1 1 hour, and they shall rest at least 1 day every week (referring to 24 hours of complete rest). 2, the implementation of flexible working hours system, enterprises can adopt flexible working hours system, and according to the standard working hours system to reasonably determine the employee labor quota or other assessment criteria, in order to arrange employees to rest. Wages are calculated and paid by the enterprise according to the wage system and wage distribution method of the unit, and according to the actual working hours of the workers and the completion of the labor quota.
3. If the employees who implement the special working hours system meet the conditions for enjoying paid annual leave, the enterprise shall arrange for them to enjoy paid annual leave. (4) Payment method of overtime pay:
1. If the system of comprehensive calculation of working hours is approved, if the total of actual working hours exceeds the total of legal standard working hours during the calculation period, it shall be regarded as an extension of working hours, and the wages for extending working hours shall be implemented in accordance with the Notice on Printing and Distributing Supplementary Provisions to the Interim Provisions on Wage Payment (No.1995). The wage payment standard for extending working hours is determined in the following ways: if the working hours are comprehensively calculated on a monthly or quarterly basis, the overtime pay of not less than 200% of the daily wage standard of workers shall be calculated for every 8 hours of work; If the working hours exceeding the legal standard are less than 8 hours, overtime pay not less than the employee's hourly wage 150% shall be paid according to the actual overtime hours; If workers are arranged to work during the statutory holidays, they shall pay wages in accordance with the provisions of the third paragraph of Article 44 of the Labor Law.
2. If the flexible working hours system is implemented, it shall be implemented in accordance with Article 13 of the Interim Provisions on Wage Payment (No.489 issued by the Labor Department [1994]), and the provisions on overtime wage payment shall not be implemented.
(five) on the "trade union or workers' congress (workers' congress) opinion" to fill in:
If there is a trade union organization, it shall be signed and sealed by the trade union of the enterprise, and the resolution of the workers' congress shall be submitted and signed by the representatives of the workers; If there is no trade union organization, it shall be submitted to the resolution of the workers' congress and signed by the workers. (six) the resolution of the workers' congress (the workers' congress)
The contents of the resolution shall include: time, place, content, types of special working hours, arrangement of working hours, payment method of overtime wages, voting results of the workers' congress or the workers' congress, opinions and signatures signed by the workers or their representatives, etc.
Jobs with irregular working hours
According to the Ministry of Labor's Measures for Examination and Approval of Enterprises Implementing Flexible Working Hours and Comprehensive Working Hours, there are three main types of employees who can implement flexible working hours:
(1) Senior managers, field personnel, salesmen, some on-duty personnel and other employees who cannot be measured according to standard working hours due to work reasons.
(2) Long-distance transport personnel, taxi drivers, some loading and unloading personnel in railways, ports and warehouses, and employees who need mobile operations due to the special nature of their work.
(3) Other employees who are suitable for flexible working hours due to production characteristics, special work needs or responsibilities.
Application and approval of flexible working hours system
The implementation of flexible working hours requires approval.
According to the Ministry of Labor's "Measures for Examination and Approval of Enterprises Implementing Flexible Working Hours and Comprehensive Working Hours", "Enterprises directly under the central government implementing flexible working hours and comprehensive working hours and other working and rest methods shall be audited by the competent department of industry in the State Council and reported to the labor administrative department of the State Council for approval. Measures for the examination and approval of other working and rest methods implemented by local enterprises, such as irregular working hours system and comprehensive working hours system, shall be formulated by the labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the labor administrative departments of the State Council for the record. "
Therefore, your work unit must obtain the approval of the flexible working system for these two positions. If it is not approved, the overtime fee shall be paid according to the standard working hour system.
Measures for examination and approval of enterprises in Shanghai to implement flexible working hours system and comprehensive working hours system
Article 1 In order to strengthen the management of irregular working hours in this Municipality and standardize the examination and approval procedures for enterprises in this Municipality to implement irregular working hours and comprehensive working hours, these Measures are formulated in accordance with the Administrative Licensing Law of People's Republic of China (PRC) and the relevant provisions of the state and this Municipality.
Article 2 These Measures shall apply to the application and approval of enterprises within the administrative area of this Municipality to implement the flexible working hours system and the comprehensive working hours system.
Article 3 The term "flexible working hours system" as mentioned in these Measures refers to the fact that an enterprise cannot implement the standard working hours system and adopts the working hours system with uncertain working hours due to special working conditions.
The term "comprehensive working hours system" as mentioned in these Measures refers to the working hours system in which enterprises need to arrange employees to work continuously due to special working conditions or seasonal and natural conditions, and it is impossible to implement the standard working hours system, and comprehensively calculate working hours on a weekly, monthly, quarterly and annual basis.
Article 4 Where an enterprise implements the flexible working hours system and the comprehensive working hours system, it shall apply to the county labor and social security bureau in industrial and commercial registration. However, if an enterprise implements the annual comprehensive calculation of working hours (including applying for the implementation of flexible working hours at the same time), it shall apply to the Municipal Labor and Social Security Bureau (hereinafter referred to as the administrative department of labor security).
Enterprises directly under the central government shall, in accordance with the relevant provisions of the state, implement flexible working hours and comprehensive working hours.
Article 5 An enterprise applying for the implementation of flexible working hours and comprehensive working hours system shall fill in the Application Form for the Implementation of Flexible Working Hours and Comprehensive Working Hours System for Enterprises and submit the following application materials:
(1) Copy of business license and organization code certificate;
(two) the enterprise to implement the flexible working hours system or the comprehensive calculation of working hours system to arrange the work and rest of employees;
If necessary, the administrative department of labor and social security may require the applicant to provide other materials related to the implementation of the flexible working hours system or the comprehensive working hours system, such as employee roster, attendance records, etc.
Article 6 The administrative department of labor security shall make a decision on whether to accept the application within 5 working days from the date of accepting it, and inform the applicant in writing.
If the application materials submitted by the enterprise are incomplete, the administrative department of labor security shall inform the applicant of all the materials that need to be supplemented on the spot or within five working days. The administrative department of labor and social security shall accept all the materials corrected by the applicant within the prescribed time limit.
Article 7 After accepting an application, the administrative department of labor and social security shall examine the application materials, and may assign two or more staff members to check the applicant when necessary. The administrative department of labor and social security shall, within 20 working days from the date of accepting the application, make a decision on whether to approve the implementation of the flexible working hours system or the comprehensive working hours system, and give a written reply to the applicant. If it is necessary to extend the review period due to special circumstances, it may be extended by 10 working days with the approval of the department head.
Article 8 The validity period may be set in the reply of the administrative department of labor and social security approving the implementation of flexible working hours system or comprehensive working hours system. The validity period can be set according to the application of the enterprise, but the longest period is no more than 2 years.
Upon the expiration of the validity period of the reply, if the enterprise needs to continue to implement the flexible working hours system or the comprehensive working hours system, it shall re-apply in accordance with these measures. When making an application, in addition to submitting the application materials according to the provisions of Article 5 of these Measures, it shall also submit an explanation of the enterprise's implementation of flexible working hours or comprehensive working hours system according to the original approval.
Article 9 The reply issued by the administrative department of labor and social security shall specify the post name, the time limit and start date of the comprehensive working hour system, the time limit for reply, matters needing attention in implementation, etc. If it is not approved, it shall explain the reasons.
Article 10 An enterprise that has been approved to implement the flexible working hours system and the comprehensive working hours system shall publicize the reply issued by the administrative department of labor and social security within the enterprise, strictly follow the requirements of the reply, and listen to the opinions of the trade unions and employees in a timely manner during the implementation.
Article 11 These Measures shall come into force as of June 1 day, 2007. Where the past provisions of this Municipality are inconsistent with these Measures, these Measures shall prevail.