In 2011, Feng was hired as a tanker driver by a building material company in Shenyang. According to the labor contract, Feng went to work at 8 o'clock every morning, and left work at 8 o'clock the next day. After 24 hours, he worked for 24 hours. On Saturday, Sunday and holidays, he arranged the schedule accordingly. Every year from December 25th to February 25th, the building materials company shut down in winter, and Feng has a rest.

After two years of work, Feng went to court for building materials, asking for more than 8 hours a day and overtime pay for holidays.

The court of first instance held that the characteristics of the concrete industry determine the concrete site operation of the plaintiff's post. The task is not always at all times. Therefore, the plaintiff's working hours in the defendant unit are not all working hours. Therefore, the court does not support the "overtime pay" outside the 8 hour working hours advocated by the plaintiff and the overtime pay on public holidays. But even in the form of rotation, workers should enjoy statutory overtime pay.

The court of first instance supported Feng's overtime work during the statutory holidays, totaling 2244 yuan. After the verdict of the first instance, Feng submitted an appeal. The court of second instance, after hearing the case, dismissed the appeal and upheld the original judgment.

The case of overtime pay has always been a hot topic in labor dispute trials. According to statistics, cases involving overtime claims have accounted for 20% to 30% of the total number of labor disputes, while the calculation of overtime pay for special industries and post workers is the difficulty of such cases. Workers can work overtime on statutory holidays, and employers can not be relieved of their overtime pay by way of adjustment.

Chen Xiantao, lawyer of Wanjia law firm in Liaoning, pointed out that labour law The forty-fourth section lists several employers who should pay more than workers. Working hours The situation of wages and salaries: arranging the workers to extend their working hours and paying the wages of not less than 150% of the wages; arranging the workers' work on the break day, and not arranging the compensatory rest, and paying the wages of not less than 200% of the wage; arranging the wages for the workers who work on the statutory holiday days, and paying the wages of not less than 300% of the wage. It can be seen from the above that only overtime on rest days can be arranged for the rest. Overtime and overtime pay should be paid for extended overtime and statutory holidays.

The vast number of workers will encounter statutory and public holidays. overtime Those who do not receive overtime pay may complain to the local labor supervision department.