Take Advantage Of Long Holidays And Get Lost Quickly.

During holidays, some office workers tend to use this as an opportunity to catch extra money based on boredom and income increase.

Facing the National Day holiday, some people are more eager to move.

However, they are also faced with the risk of "losing their wives and their soldiers".

The following cases may give you some warning.

[case] during the May 1 holiday in 2016, Gu Xiaoqin, who had no family and friends away from home for thousands of miles away, was so bored and bored that he came to work on his own, hoping to pass the loneliness and earn more overtime pay.

When Gu asked the company to ask for overtime pay, it was explicitly rejected by the company. The reason was that the company did not ask for it and did not arrange the overtime work of Gu Qin, all of which were the personal actions of Gu Qin.

The company's rules and regulations, as well as the labor contract with the ancient Qin, stipulate that if the employees require overtime work, they must fill in the approval form for the overtime plan and submit it to the company's leaders for approval.

That is to say, although the old Xiao Qin has worked overtime, and indeed produces labor results, it is two different things to pay overtime wages in the legal sense.

[comment] the company has the right to refuse overtime pay.

Overtime wage refers to the remuneration of laborers who continue to produce labor or work outside the prescribed working hours in accordance with the need for production and work of the employer.

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"The thirty-first article provides:" the employer shall arrange overtime work for the workers in accordance with the relevant regulations of the state when arranging overtime work. "

That is to say, the employer has arranged overtime work as a necessary condition to pay overtime wages.

Otherwise, we can not ask for it.

Compared with that, Gu Xiao Qin has no right to ask for it: on the one hand, the company does not require nor arrange the overtime work of Gu Qin, while working on the May Day holiday is entirely the wishful thinking of Gu Xiao Qin; on the other hand, in the company's rules and regulations and the labor contract with Gu Xiao Qin, it is stipulated that if the employees require overtime work, they must fulfil the procedures for completing the application form for approval and approval of overtime work, and so on.

[case] Jiang Lihong is a senior technician in a company.

On the eve of the May 1 holiday in 2016, a unit sent an invitation to Jiang Lihong, asking Jiang Lihong to repair machines and equipment for holidays, and promised a handsome reward.

Jiang Lihong felt that he was idle at leisure, and this was precisely his own skill, and he consented.

When Jiang Lihong went to repair as scheduled, the company leader called and said that even during the holiday period, he could not work outside the office, let alone stop competing with the company. Otherwise, he would terminate his labor contract with Jiang Lihong.

Jiang Lihong felt that he had no right to interfere with the activities within the statutory holidays, and that the company had no right to interfere.

However, when Jiang Lihong returned to work in the company after the holidays, he was really dismissed from the company.

[comment] the practice of the company is not inappropriate.

Although Jiang Lihong only used "May Day" holiday to "work part-time" outside, but in the presence of labor relations with the company, this behavior is also part time job.

Article thirty-ninth (four) of the labor contract law stipulates: "when a laborer establishes a labor relationship with other employers at the same time, it will seriously affect the completion of the work task of the unit, or if the employer proposes to refuse to correct it", the employer can rescind the labor contract.

That is, as long as a part-time job has a serious impact on the employer, or if it does not cause serious impact, the employer will have the right to unilaterally terminate the labor contract if he proposes that the worker refuse to correct it.

The company has put an end to Jiang Lihong's behavior, and even made it clear that it must stop immediately, otherwise it will terminate the labor contract with Jiang Lihong, and Jiang Lihong will ignore it. Obviously, it should be his own list. Let alone the competition between the other units and the company, Jiang Lihong's behavior will affect the interests of the company more or less.

Holiday "on behalf of the driver" disability is hard to enjoy industrial injury treatment

[case] Yang Xiulan took into account that during the May 1 holiday, many wedding banquets and other wedding banquets were given, and many people had to drink. A company employee decided to take the opportunity to take advantage of his driving as a driver, and posted a small advertisement for business at several hotels.

"May Day" noon, Lee was unable to drive because of drunkenness, hired Yang Xiulan to send him home at a price of 100 yuan.

On the way, due to Liu's violation of driving, resulting in two cars collided, resulting in Yang Xiulan seriously injured.

The traffic police department confirmed that Liu was fully responsible for the accident.

Three months later, in view of Liu's inability to pay compensation, Yang Xiulan took the company's work-related injury insurance as the cause of his work, and asked the work-related injury insurance institution to give industrial injury treatment. However, he was rejected because Yang Xiulan's condition did not constitute a work-related injury.

[comment] Yang Xiulan does not constitute a work-related injury and has no right to enjoy industrial injury insurance benefits.

Article 1 (1) of the regulations on industrial injury insurance stipulates: "in working hours and in workplaces, injuries caused by accidents for work reasons" should be identified as work-related injuries. Fourteenth

The key word is undoubtedly "work".

And "work" definitely refers to the work arranged by the employer or for the benefit of the employer. If it is not related to the employer, even if it works and there is injury, it will not be a work-related injury.

In this case, although the company is the employing unit of Yang Xiulan, it is precisely because Yang Xiulan is "fishing fast", that is, its behavior has nothing to do with its position in the company, nor is it for the sake of the company's interests. It has decided that although the company has worked for work-related injury insurance, it does not have the constitutive requirements of work-related injury.

At the same time, Lee only temporarily hired Yang Xiulan to "substitute for driving", which was not a legal employer. Therefore, he did not need to deal with industrial injury insurance for Yang Xiulan, nor did he have to bear the liability for industrial injury insurance compensation.