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Research On The Labor Dispute Case Of Overtime Wages By Yue V. A Company In City B

Posted on:2021-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:X R LiFull Text:PDF
GTID:2416330629482720Subject:Law
Abstract/Summary:PDF Full Text Request
The development of the market economy has made labor disputes a hot issue in society today.Overtime is now common.In arbitration and trial practice,the vast majority of labor dispute cases are inseparable from the issue of labor compensation.In such cases,labor disputes caused by overtime pay are particularly prominent.The difficulty of handling cases has gradually increased.Overtime pay is also controversial.Disputes mainly exist in the determination of overtime facts,calculation of overtime costs and burden of proof.This article will mainly use case analysis methods for research.This article will discuss the related issues of overtime wages in a labor dispute case by taking the case of Yue v.a company in City B for paying overtime wages as an example.This article will analyze and interpret the issues of overtime hours,the overtime facts,and the burden of proof.This article consists of six parts.The introduction of the first chapter mainly includes the following contents: research background,research significance,research methods and literature review.The second chapter is a brief introduction to the labor dispute case of overtime wages by Yue v.a company in City B.Then this chapter also introduces the judgment results of the arbitration stage,first instance,second instance,and two retrials,and concludes that the focus of the dispute in this case is the determination of overtime facts,the calculation of overtime costs and the burden of proof.The third,fourth,and fifth chapters analyze the problems existing in these three problems in this case and judicial practice and briefly analyze the causes of the problems.The relevant legal provisions and legal analysis of these issues are also analyzed in detail.The sixth part is based on the above discussion,and proposes suggestions from the employer,the individual,and the state in view of the common problems that are common to overtime wage labor disputes.Employers shall abide by standardized labor relations,strictly abide by relevant laws and regulations,and improve corporate rules and regulations;laborers shall improve their ability to safeguard their rights and strengthen their awareness of evidence;the state needs to unify the overtime calculation base and the standards for determining overtime facts,and increase labor inspectiondepartments Enforcement efforts.Laws related to overtime pay stipulate that the principle of equality must be implemented and the discretion of judges must be reasonably controlled.This paper takes the labor dispute case of overtime wages by Yue v.a company in City B as an example,and analyzes and analyzes the issues related to overtime pay that are common in labor disputes.It is expected to effectively circumvent the problems of the determination of overtime facts,the calculation of overtime costs and the burden of proof.We hope to protect the legitimate rights and interests of workers and promote the balanced development of workers and enterprises.
Keywords/Search Tags:Overtime wages, labor disputes, overtime fact determination, overtime wage calculations, burden of proof
PDF Full Text Request
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