确定工作性质 才管理能判断是否有权索赔加班费（Determine the nature of the work before management can determine the right to claim overtime）.docVIP

确定工作性质 才管理能判断是否有权索赔加班费（Determine the nature of the work before management can determine the right to claim overtime） Case: Guo Mouyuan worked for a branch of a company and acted as the legal representative of the company, with monthly income of more than 1 yuan. Not long ago, Kwak handled the formalities and terminated the labor contract with the company. At the termination of the labor contract, require the company to pay its 233000 overtime totaling 50 thousand yuan, the reason is: during his serve veterans, often on weekends and holidays to the company to work overtime, inspection work, handle possible emergencies, in accordance with the law, the company should pay for their overtime. Is Guos claim legal? Comment: can Guo insist on overtime pay, first of all, to determine whether the work of weekends and holidays is the nature of overtime or the nature of being on duty. Overtime work means that workers continue to do their own work at the normal time of work, that is, for “ the same work ” additional pay a certain amount of labor. Is on duty units due to safety, fire protection, holiday needs, or a temporary arrangement according to institutional arrangements and their workers without associated work, or if the job is associated with the workers, but can be on duty during the rest of the job, the general non productive work, such as the gatekeeper, answer the phone, to come to visit and contact. The content on duty is generally different from the content of the work, and does not have continuity of work. Working overtime or on duty, mainly to see whether the workers continue to work in the original post, or whether there is a specific production or management tasks. In this case, Guo as the legal representative of the company, is the highest leadership of the branch, the claim is actually to work overtime units to deal with possible emergencies, if not to rest, not to complete production task and work overtime, this with his usual work does not have the continuit