Traditional Culture Encyclopedia - Hotel franchise - Does a weekend business trip count as overtime?

Does a weekend business trip count as overtime?

According to the specific situation, whether a business trip on weekends belongs to overtime depends on the specific situation: if a worker provides labor within his work scope on weekends, it belongs to overtime; If the employee's weekend business trip is not arranged by the employer or voluntary, it is not overtime.

The identification of overtime work on weekends should meet two criteria at the same time: time conditions, weekends; Objective factual conditions, engaged in the work or preparation arranged by the enterprise. Because overtime on holidays means that the employer and the employee reach an agreement through consultation, and the employee works on legal holidays or public holidays. The workers don't work on weekends, but rest. The only place to rest is in a different place, not at home as usual. Different rest addresses cannot be used as a reason for paying overtime wages.

If the business trip time is regarded as working time regardless of whether you can work or not, the enterprise will solve the problem of wage payment and overtime pay according to the standard of 24 hours a day during the business trip, which obviously violates the truth and the objectivity of laws and regulations. Therefore, enterprises do not have to pay twice the salary to the workers who have a normal rest on weekends during business trips, but only pay the necessary business trip subsidies.

Necessary for business trip:

1, ID card. Now, whether you travel by plane, train or intercity bus, you are required to buy tickets with your real-name ID card. When you are away from home, your ID card is also your proof. If you forget to bring it, you may not get on the bus, delay your trip, and cause some problems that are not good for you.

2. wallet. It is said that it is convenient to pay by mobile phone now, but some places may not use the mobile phone payment function, but cash can definitely be used. Make sure you have enough cash before you leave, and don't be embarrassed to find that you don't have enough money when you are on a business trip.

3. Notebook computer. When traveling, the most common office location is the hotel. Laptop is used to solve some business that you have to deal with every day, and it is also convenient to communicate with the company.

4.u disk. Mobile storage devices are also required. Some files can't be printed, so they need to be transmitted through a USB flash drive, which is more convenient for communicating with customers. Some important files can also be saved in the USB flash drive.

5. documents. The purpose of business trip is to complete business, so you will definitely need some important paper documents. When you leave, make sure that you have printed all the documents you need and packed them. If there are any omissions, this business trip may waste time and the company will suffer losses.

6, mobile phones and charging treasures. Nowadays, the mobile phone is an indispensable communication tool, which needs to be used to keep in touch with family and customers, and the charging treasure can ensure the battery life of the mobile phone during long-distance travel.

7. change clothes. If you travel for a long time, prepare a change of clothes according to the local climate.

Legal basis:

Labor law of the people's Republic of China

Article 36 The state practices a working-hour system in which laborers work no more than eight hours a day and no more than 44 hours a week on average.

Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework.

Article 38 The employing unit shall ensure that workers have at least one day off every week.

Article 41 The employing unit may, due to the needs of production and operation, extend the working hours after consultation with the trade unions and laborers, which shall generally not exceed one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.