子閩

"I don't understand, my position is obviously an irregular work system, why can't I refuse to clock in and attend meetings regularly?" Recently, a local labor and social security inspection agency received a worker, Qu. He wondered if he could refuse the company's request for flexible clock-in and regular attendance at regular department meetings.

According to the labor contract and company rules and regulations brought by Qu, he is a staff member of the raw material procurement department of an equipment company and joined the company 3 months ago. The company has been approved by the human resources and social security department to implement an irregular working hours system in the positions of raw material procurement managers and general business personnel of raw material procurement. Qu and the company also agreed in the labor contract that he would implement this special working hour system for his position. The company's rules and regulations stipulate that employees who implement the irregular work system do not implement the attendance system of fixed-point commuting, but when they are not on a business trip, they need to come to the company to clock in once every working day, and there is no specific time to clock in, in addition to participating in the regular department meeting every Monday and the departmental business training every Friday. This made Qu very incomprehensible, he thinks, the irregular work system is not a system that allows employees to arrange their own working hours, why do they have to clock in every day and participate in fixed-time meetings? He raised the suspicion that this system violated the legislative provisions of the irregular working hours system, but the company's management did not accept his opinion. For this reason, Qu went to the local labor and social security inspection agency for consultation.

After understanding Qu's doubts, the staff took out the law and told him that he had some misunderstandings about his understanding of the irregular working hours system. Due to the characteristics of production, the special needs of the work or the requirements of the scope of duties, workers in certain positions need to work flexibly and cannot attend according to standard working hours, so the law allows employers to implement irregular working hours for workers in these positions after administrative approval; On the basis of ensuring the health of employees and fully listening to their opinions, appropriate methods such as centralized work, centralized rest, alternate leave, and flexible working hours are adopted to ensure employees' right to rest and vacation and the completion of production and work tasks. Therefore, the purpose of implementing the irregular working hours system is to facilitate enterprises to flexibly arrange the working hours of employees according to the needs of work. Workers in irregular working hours do not have to work 40 hours a day or 0 hours a week like the standard working hours system, and they are not allowed to arrange their own time at will, let alone not accept necessary management. Qu's company stipulates that there is no limit to the working time of employees in the irregular working hours system, which has reflected the flexible working time arrangement under the irregular working hours system; The requirement to attend regular meetings and other training at fixed times falls within the scope of reasonable work management of the enterprise and does not violate the law.

After listening to the staff's explanation, most of the doubts in Qu's heart were dispelled. At the same time, the staff reminded him that the implementation of irregular working hours does not mean that enterprises can arrange the working hours of workers at will. Guaranteeing workers' right to rest and leave is a prerequisite for the implementation of this system. If Qu's company deprives employees of their right to rest in the name of implementing this system, such as not allowing paid annual leave, he can make timely complaints and reports to protect his rights and interests. "No matter what working hours system is implemented, employers have both the right and the obligation to employ workers. Now I understand. After listening to the explanation, Qu said with emotion.