[a brief introduction of the case] In 2003, the plaintiff entered the defendant A Yun business company, agreed to work hours of irregular working hours system. In September 2013 the application of compensatory leave and the rest of the holiday has not yet approved, the annual leave. In September 24th, the plaintiff finished the annual leave, and the defendant told the plaintiff to work at the post. The plaintiff did not arrive at the post. The defendant issued a notice of absenteeism to the plaintiff, and then issued a notice to the plaintiff to terminate the labor contract and to terminate the labor contract relationship with the plaintiff. The application for arbitration against the plaintiff, after the court refuses to accept the arbitration award. The plaintiffs, the plaintiff has not taken off for 170 days, and the defendant did not pay overtime wages, the plaintiff requested leave nursed back to health for granted, but the defendant the plaintiff dismissed, and does not pay economic compensation, which infringed upon the plaintiff's legitimate rights and interests. The defendant argued that the plaintiff's absenteeism behavior seriously violated the rules and regulations of the defendant company, and the termination of the labor contract met the legal requirements, so the defendant should not pay the economic compensation. The plaintiff has irregular hours and is subject to examination and approval, so the plaintiff should not pay overtime on the rest day of the plaintiff. [results of the trial] Court held that the working time system is suitable for the characteristics of enterprise production and management and can not be measured according to the standard time for the implementation of staff working time system not only to be approved in the approval after approval of the content should also be in accordance with the actual performance can be identified as the indefinite time work system. The work six days a week, working 7.5 hours a day, the working time is not in line with the focus of work, working time system of concentrated rest, shift vocation and flexible working characteristics, the defendant has not proved that the plaintiff enjoys the right to rest and vacation. The system also shows that employees in time to the plaintiff, the enterprise shall not work overtime, as a means to pay cuts in disguise does not work on the grounds of timing. The reason why the defendant claims the irregular working system is that the reason for not paying overtime is untenable. The defendant refused to accept an appeal. Court held that the appellee actual working time is still in daily or weekly working time for the node statistics, the two sides agreed working time system did not actually perform, the appellant did not take effective measures to ensure the rest of workers, the appellant to irregular work overtime without payment of the grounds of appeal, inadmissible. Therefore, the judgment dismissed the appeal and upheld the original verdict. [focus of dispute] The focus of the dispute is whether the work of the plaintiff is irregular or not, and whether or not the working hours of the rest day should be paid. Irregular work system is a kind of work hours which is used by the staff who can not measure the standard work time or need the mobile operation because of the relationship between the production characteristics, the special needs of the work or the scope of their duties. "The Ministry of labor and the implementation of the" State Council on Revising the provisions of the "measures for the implementation of the provisions of article fifth, due to the nature of the work or production characteristics limit can not be applied to work 8 hours a day, working 40 hours a week of standard working hours system, can implement the working time system, and in accordance with the Ministry of labor" on the enterprises working time preparation and comprehensive calculation of working hours of examination and approval procedures "(hereinafter referred to as the" measures for the examination and approval of executive "). According to the "Interim Provisions" pay thirteenth stipulates that workers execute flexible working hour system, do not perform Ghadhban wage provisions, that is to say the workers working day and rest days, the extension of the Ghadhban Ghadhban holiday Ghadhban, employers do not need to pay the wages of Ghadhban. The standard working hours system is stipulated by the law, which is generally applicable to the normal working hours and working hours according to the normal working schedule. According to the labor law, the implementation of standard working hours, prolong the working hours of labourers, to take off and pay workers to extend the working hours of wages in two forms as compensation. Take some time off and pay to extend the working hours of wages compared with priority, i.e. the employer arranges overtime work in the rest of the day, should first make; not be off when the wages to be paid no less than 200% of the wages. In the standard working hours system, overtime work is paid according to 300% plans, overtime work on statutory working day, overtime pay according to the 150% standard, overtime pay according to 200% standard in rest day. Seventh according to the labor law thirty-ninth and the "Approval Measures" provisions, should generally implement the standard working hours system employing units, cannot implement standard man hour system, the labor administrative department of the administrative approval of fixed hours system to implement flexible working hour system etc.. According to the legislative spirit of labor law and labor contract law, if the system of irregular working hours should be implemented, the following requirements should be satisfied: First, the employers and employees agreed to implement irregular working hours. If only the labor and capital parties agree to implement the irregular working system in the labor contract, but the administrative examination and approval of the labor administrative department can not be carried out, the workers can not carry out the irregular working system. But if jobs where workers get the approval of the administrative department of labor on the working time system, and the two sides agreed to implement the standard working hours in the labor contract, it shall be deemed as the standard working hours, that is not because get the approval of the labor administrative department shall not assume the post working time system. Second, the actual implementation of irregular working system. Working time is objective reality, even if there is an agreement, it can not be contrary to the objective reality. If the labor administrative department has been granted the examination and approval, and the system has not been implemented, the wage standard should be calculated according to the actual working hours system. In this case, the employing unit does not work regularly