Business trip overtime hotel

Xu used to be the technical director of an air-conditioning manufacturing and installation company, and often needed to travel to other provinces and cities to provi

Xu used to be the technical director of an air-conditioning manufacturing and installation company, and often needed to travel to other provinces and cities to provide on-site technical guidance for customers. During the business trip, the company paid Xu a food subsidy of 100 yuan/day. There is no attendance requirement during the business trip. After the business trip, fill out the business trip expense reimbursement form and submit the business trip report. The business trip report records the main work of the business trip, but does not record the daily work in detail.

After Xu applied for arbitration, he asked the company to pay overtime wages on rest days during his business trip.

Xu believes that during his business trip, he works in the customer's office every day, and the hotel has no rest days. Moreover, the business trip confirmed by the company includes weekends, and the company's payment of food subsidies on rest days also confirms the fact that the company recognizes him to work on rest days.

To this end, Xu provided a travel expense reimbursement form and a travel approval record to prove that his business trip included rest days, but did not provide effective evidence to prove his work on rest days.

The air-conditioning manufacturing and installation company said that Xu was never arranged to work overtime on weekends during his business trip. If Xu works overtime, he should apply for overtime. The company provided Attendance Management System and Training Attendance Record, which proved that Xu had received the training of Attendance Management System, and Xu should know the contents of Attendance Management System.

The attendance management system stipulates that if an employee is engaged in work outside the company's office for business trips or other reasons and it is difficult to calculate the working hours, the normal working hours at ordinary times shall be taken as his working hours; The overtime hours of technicians shall be subject to the Overtime Application Form, and overtime shall be approved by the leaders; Overtime work without the prior approval of the company leaders will not be recognized.

Xu confirmed the authenticity of his signature on the training check-in record, but thought that training was actually just a process. Xu also believes that the company's human resources department did not remind him that he needed to apply for rest days to work overtime during his business trip, so he can't deny the fact that he worked overtime on rest days during his business trip due to negligence in company management.

Xu's business trip includes rest days, and the company has also paid the travel allowance for rest days, so do you still need to pay overtime for Xu's rest days?

Because the fact that Xu worked overtime on his rest day during his business trip failed to provide valid evidence, the company refused to recognize it, so the arbitration commission did not support Xu's arbitration request.

This case involves whether a long business trip coincides with a rest day and whether it belongs to overtime. According to Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III), workers who advocate overtime pay shall bear the burden of proof for the existence of overtime facts.

Relevant evidence provided by Xu, such as business trip approval records and travel expense reimbursement forms, can only prove that the employer approved his business trip and paid him food subsidies, and cannot directly prove that Xu worked overtime on rest days. According to the attendance management system signed by Xu, if an employee is engaged in work outside the office of the company due to business trip or other reasons and it is difficult to calculate the working hours, the normal working hours shall be taken as his working hours, and the employee needs to apply to the company for overtime and get approval. The rules and regulations are reasonable and legal, and Xu was informed in advance. Xu argued that there was a problem with the training, but the human resources department did not inform him and should not support it.

Moreover, if a worker is on a business trip and doesn't actually work on a rest day, it should not be regarded as overtime under normal circumstances, and the worker can't ask for overtime pay on the grounds of not resting at home.

Therefore, in this case, whether Xu has worked overtime should be judged according to the provisions of the Attendance Management System. He failed to prove that he applied for overtime, and there was no evidence that the employer arranged work on the rest day of his business trip or that he actually worked, so he could not get overtime pay.

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