Employee refused to work overtime was sentenced to compensation to the enterprise? Lawyer's Interpretation: May apply for retrial

  On the eve of the "May Day" International Labor Day, a case of "two employees arbitrarily refused to work overtime and were ordered to pay compensation to the enterprise" caused controversy. Should employees bear the business risks of refusing to work overtime? Facing the judgment of the court, do employees still have legal relief channels? Lawyer Li Xiaojing of Beijing Danning Law Firm believes that employees have the right to refuse to work overtime, and even if they cause losses to the enterprise, they should be compensated according to the contract; in this case, two employees can also apply for retrial through the court trial supervision procedure.

Employee refuses to work overtime and causes the company to pay liquidated damages

  It is understood that this case originated from a batch of typical labor dispute cases announced at the press briefing on "Labor Dispute Cases Trial" held by the Hanjiang District People's Court of Yangzhou City, Jiangsu Province on April 29.

  Qu Senbin, President of the People ’s Court of the High-tech Zone of the Hanjiang Court, said in an interview with the media that in this case, the labor contract between the two was about to expire. The factory can be shipped after inspection, and the company refuses to work overtime when the company requires overtime to complete the factory inspection task. It was precisely because the two were so self-willed that the company breached the contract and had to pay a penalty of 120,000 yuan to the client. Subsequently, the company sued Wang and Li to the court, asking them to bear the loss.

  The court of Hanjiang held that Wang and Li, as inspectors, knew that the production task of the enterprise was urgent, and deliberately refused to work overtime, which caused the enterprise to incur losses and should bear corresponding compensation liabilities. According to Qu Senbin, the court will compensate 15% of the company ’s default losses, which is 18,000 yuan, according to their economic income capacity and the status of the losses.

  Qu Senbin said that according to the relevant provisions of the Labor Law, workers and employers have a two-way choice. Although employees have the right to refuse to work overtime, if an enterprise encounters an emergency production task, workers must obey when working overtime. Qu Senbin said: "Enterprises can require workers to work overtime by arranging their workers to rest. In this case, workers cannot refuse to work overtime. In the process of overtime, the enterprise should provide workers with corresponding benefits. treatment."

  Who should bear the business risks

  The Beijing Youth Daily reporter noticed that there is a document on the second instance of the Yangzhou Intermediate People's Court with the case number (2019) Su 10 Min Zhong 1749 circulating on the Internet. The case is very close to this case. In this document, the plaintiff of the first instance, Yangzhou Qunfa Heat Exchanger Co., Ltd. (hereinafter referred to as Qunfa Company), dissatisfied with the judgment of the two workers of the first instance that they were liable for 15% compensation and appealed to the Yangzhou Intermediate Court.

  The second trial Yangzhou Intermediate People's Court held that the mass company, as an employer, has management and command functions for laborers, and it is not equal to the legal status of laborers, and should bear certain operational risks. The operating risks belonging to the enterprise shall be borne by the mass-production company itself. In view of the fact that the two workers did not appeal their 15% compensation liability after the first-instance judgment, the Yangzhou Intermediate People's Court rejected the appeal and upheld the original judgment.

  But as of press time, neither Hanjiang District Court nor Yangzhou Intermediate Court has responded to the case.

  Do workers have the right to refuse overtime work?

  Do workers have the right to refuse overtime work? Lawyer Li Xiaojing of Beijing Danning Law Firm introduced that according to Article 31 of the “Labor Contract Law of the People ’s Republic of China”, employers should strictly enforce labor quota standards and must not force or disguise workers to work overtime in disguised form. If the employer arranges overtime work, it shall pay the overtime pay to the workers in accordance with the relevant regulations of the state. At the same time, Article 41 of the Labor Law of the People's Republic of China stipulates that employers may extend working hours after consultation with trade unions and laborers due to production and operation needs, generally no more than one hour per day; for special reasons, working hours need to be extended If the worker ’s health is guaranteed, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month.

  Should the worker compensate the employer for the loss?

  In the course of performing their duties, the laborer may cause losses to the employer for various reasons. Under what circumstances will the laborer need to compensate the employer for the losses, and how to compensate?

  Li Xiaojing introduced that Article 29 of the Labor Contract Law of the People's Republic of China stipulates that employers and employees shall fully perform their respective obligations in accordance with the labor contract. Workers should consciously abide by national laws and regulations and the rules and regulations of the employer ’s unit, and perform the labor contract in good faith. If the worker causes a loss to the employer due to intentional or gross negligence, the employer may require the worker to bear compensation liability. When the employer asks the laborer to compensate for the loss, it should meet the following requirements: 1. The laborer has violated the rules and regulations, the operation process or the labor discipline and professional norms that should be observed; 2. Whether the laborer has a subjective fault, namely Intentional or gross negligence; 3. The employer has a loss; 4. Whether the damage has a causal relationship with the worker ’s behavior. The determination of the amount of compensation should also be comprehensively considered from factors such as the wage level and the degree of fault of the laborer, and whether the employer has management deficiencies.

  In addition, Li Xiaojing introduced that according to Article 16 of the “Interim Provisions on Wage Payments”, if the employer causes economic losses to the employer due to personal reasons, the employer may demand compensation for economic losses in accordance with the labor contract. Compensation for economic losses can be deducted from the wages of the workers themselves. However, the monthly deduction must not exceed 20% of the worker ’s monthly salary. If the remaining wage after deduction is lower than the local minimum wage, the minimum wage will be paid.

  Workers who maintain the original judgment in the second instance can also apply for retrial

  According to the second-instance judgment reported online in this case, the Yangzhou Intermediate People's Court dismissed the appeal and upheld the original judgment because the two workers did not appeal their 15% compensation liability after the first-instance judgment. Li Xiaojing explained that because the two employees did not file an appeal, the court of second instance should only review the relevant facts and applicable laws of the employer ’s appeal and make a judgment in accordance with the law. Once the second-instance judgment is served, it becomes legally effective.

  But Li Xiaojing also pointed out that two employees can apply for retrial through the trial supervision process. According to the provisions of Article 199 of the Civil Procedure Law, if a party considers that a judgment that has already become legally effective has been wrong, it may apply to the people's court at the next higher level for retrial.

  At the same time, the court of the original trial found that the judgment was wrong, and may file a retrial. Article 198 of the Civil Procedure Law stipulates that the presidents of people's courts at all levels who have found legally effective judgments, rulings, and mediation letters in this court and find that there are indeed errors that require retrial shall be submitted to the trial committee for discussion and decision. The Supreme People ’s Court ’s interpretation of the application of the “Civil Procedure Law of the People ’s Republic of China” stipulates that Article 242 stipulates that after the judgment of the first instance is found, the people ’s court of the first instance finds that the judgment is wrong and the parties do not appeal, and shall be handled in accordance with the trial supervision procedures.

  Text / Reporter Zhao Jiaqi