| 摘要: | 工資與工時，是勞資關係中最重要的兩個環節，同時也是最容易發生爭議的環節之一，而「加班」不但是工時議題，同時也是工資議題，也因此加班的問題並非一般議題，而是有百百種不同的觀念需要釐清，否則極易產生勞資爭議。故從勞工申請加班費，分析加班費之性質並探討舉證責任等，深入了解勞資爭議的根源，並提出解決方案，促進勞資和諧；從法律層面研究勞工加班費申請制度的法律目的在於確保勞工權益得到保護，落實勞動法律之規範，防止勞資糾紛的發生，並促進勞動市場的健康發展。然而，勞資雙方應都需了解，不管是勞工為加班費時常加班，或是業務量繁重而有超時工作，還是要顧及身體需要休息的，適度加班，以維持身心狀態，不讓身體持續性長期勞累工作，造成過勞危害健康等風險。然而雇主也需明白企業中最重要的資產即是勞工，企業經營理念與管理核心層層相扣，以人為本，才能創造雙贏局面。
Wages and working hours are the two most important links in labor relations, and also one of the most controversial links. "Overtime" is not only an issue of working hours, but an issue of wages as well. Thus, the issue of overtime is not a general issue, but there are hundreds of different concepts that need to be clarified. Otherwise it is very easy to cause labor disputes. From the perspectives of labor application for overtime pay, to analyze the nature of overtime pay and discuss the burden of proof, etc., is essential to understand the root cause of labor disputes in-depth, and propose solutions to promote labor-capital harmony. The purpose of studying the labor overtime pay application system from the legal level is to ensure the protection of labor rights and interests, implement the norms of labor laws, and prevent the occurrence of labor disputes and enhance the healthy development of the labor market. However, both labor and management should realize whether that are workers who often work overtime for overtime pay, or have overtime work due to heavy workload. Or, to take into account the body’s need to rest, moderate overtime to maintain their physical and mental condition, and prevent the body from working continuously for a long time, which may cause overwork and other risks to health. Nevertheless, employers also need to understand that the most significant asset in the enterprise is labor. The business philosophy of the enterprise is intertwined with the core layers of management, and people-oriented can create a win-win situation. |
