A company director refers to the labor reform undermine its interests v. Shanghai free trade zone was rejected – Beijing new network in Shanghai in September 19, (Li Shuzhi Xu Jie Zhao Haonan) for the company to continue to implement the working time system, at the time of separation, on overtime pay, a dispute with the company, to discuss that, Ms. Qian will approve the company the decision China (Shanghai) Free Trade Zone Management Committee (hereinafter referred to as the free trade zone) to court. Recently, a court in Shanghai in accordance with the law to make a final judgment, dismissed ms.. "Get rid of" reform work overtime director Sue dissatisfaction with the free trade zone in June 2014, the free trade zone of Ms. Qian made "other working time system to implement the enterprise granted decision", agreed to the company from July 1, 2014 to June 2015 30 date, the working time system of the post of senior management personnel. The company human resources director Ms. Qian claimed that free trade zone does not belong to the senior management personnel in the examination and approval will be included in the scope of her, to expand the scope of cognizance of senior management personnel, the company does not pay the overtime wages, violations of their legitimate rights, asking the court to revoke the defendant to make administrative decisions. Free trade zone enterprises approved argued that the working time system decision only took effect on applying for jobs, and not on the specific personnel. CMC opinions on the submission of the list of enterprises is only the implementation of the approval of the decision to follow the guidance of the enterprise, there is no compelling force, the specific arrangements should be determined by the enterprise itself. Where is the company and Ms. Qian said, Ms. Qian as director of human resources of the company, is the only one in the top of the human resources management, and the administrative decision by Ms. Qian hand leading to apply, do not agree with her claim. First instance dismissed the plaintiff’s claim of the plaintiff appeals court upheld the trial court finds that the free trade zone authority made the decision, the decision validity. And the defendant at the time of approval only approved third units of senior management positions can be executed without working hours, the right has not been clear to the specific staff, then dismissed ms.. Ms. Qian refused to appeal to a court in Shanghai. After the trial of the second instance court, the labor and social security administrative departments of enterprises to implement the application of the system should be based on the review of the application of materials and combined with the nature of the application of post. In this case, the Free Trade Zone Administrative Committee in accordance with the above provisions of the application materials provided by the company to review and make the decision, the facts are clear, applicable law is correct. In addition, the specific job arrangements for employees, job requirements, etc. belong to the scope of the employer’s autonomy, does not belong to the scope of administrative examination and approval of the administrative department of labor and social security. In this case, the free trade zone as the administrative department of labor security, the effectiveness of the decision is not directly on the list of the company submitted the list of personnel, the views put forward only administrative guidance for enterprises to implement post specific personnel made but not mandatory. Ms. Qian should be brought into the scope of the senior managers do not belong to the scope of review and the respondent decided that the money belongs to)相关的主题文章: