Hangzhou labor inspection department intervened to investigate the "996" working system of a company.
Recently, an e-commerce company publicly announced at the annual meeting that it would implement the "996" working system, making the increasingly common overtime problem in the Internet field once again become the focus of debate. Yesterday afternoon, Beijing Youth Daily reporter learned from the labor inspection department where the company belongs that the staff has been involved in investigating this matter, and if the illegal overtime behavior is true, the enterprise will be investigated and dealt with according to law.
"996" system
Work more than 10 hours a day
Recently, a company named "Hangzhou Youzan Technology" announced at the meeting that it will implement the "996" working system in the future, that is, it will arrive at the post at 9: 30 every morning and work until 9: 00 pm. In case of emergency projects, work 6 days a week, and the working hours may be longer every day.
In addition to requiring employees to work more than 10 hours a day, some people who participated in the annual meeting also broke the news. When the company executives spoke, they suggested that if they could not properly balance work and family, they could choose to divorce.
Encourage overtime work and ignore employees’ legitimate welfare benefits … … Soon, the annual meeting of Zanzan was questioned because of the above remarks.
"overtime work"
It has been repeatedly put forward by enterprises in recent years.
The reporter of Beiqing Daily learned that this is not the first time that the "996" work system has caused controversy. In October 2016, the Internet company 58 was exposed to the implementation of the "996" work system for all employees, and the CEO of the company was also denounced by employees. At that time, the "996" working system proposed by 58 cities means that the working hours are from 9 am to 9 pm, and there are no subsidies or overtime pay, and no leave is allowed. Since then, 58 parties have responded that the so-called "996" is only a routine mobilization, not a mandatory requirement, and its purpose is to meet the work demand with a large business volume in September and October.
The "Endeavour Application" from Jinan Inspur Group requires employees to voluntarily work 6 days a week, 12 hours a day, voluntarily give up all paid annual leave and voluntarily work overtime without instructions. Not only that, "Endeavors" have to work overtime unconditionally during the Spring Festival, National Day and other holidays, and they are on call.
Controversy
The labor inspection department intervened in the investigation.
On January 30th, Hangzhou Xihu District Labor Inspection Brigade said in an interview with the media that it had noticed the above-mentioned news and intervened in the investigation. Yesterday afternoon, the reporter of Beiqing Daily called the Xihu District Labor Inspection Brigade and learned that the staff of the brigade had gone to the company for investigation. As of 5 pm that day, the investigators had not returned to the team. Follow-up progress will be announced after the investigation.
In addition, the All-China Federation of Trade Unions also reprinted media reports yesterday to explain the possible legal risks in the "996" work system. According to the article, according to the law, the working hours system of workers is divided into standard working hours, comprehensive working hours and irregular working hours, of which the latter two are special working hours systems and can only be implemented after approval by the labor administrative department. As for the standard working hours system, according to the Labor Law and the Provisions of the State Council on Working Hours of Employees, the daily working hours should not exceed eight hours and the average weekly working hours should not exceed forty hours. If overtime is needed, the working hours can be extended only after consultation with trade unions and workers. And no more than 3 hours a day, no more than 36 hours a month.
If you don’t work overtime
Worried about not being able to complete the performance appraisal.
It is understood that in recent years, with the continuous development of the Internet industry, many company employees have actively or passively extended their working hours.
Wang Wei (a pseudonym), who just graduated from a robot research company this year, said that since he joined the company, it has been the normal state of his work to get off work at 9 or 10 pm. "It is very good to arrive at the company at 9 am and leave at 9 pm, and basically take a day off at the weekend." He said that although the company promised to get off work at 7: 00 pm when signing the contract, it was difficult to guarantee the off-duty time after actually taking part in the work. "How dare you leave without everyone leaving?"
Talking about the reasons why overtime is so serious, Wang Wei said that a large part of it is based on herd mentality, and in addition, he is worried that the year-end KPI (key performance indicator assessment) will not be completed. He revealed that among the students who have been employed, most of the jobs with an annual salary of 200,000 to 250,000 have reasonable working hours, and more than 300,000 basically have to accept overtime.
Li Chen (pseudonym), who has worked in a number of internet giants, said that whether to work overtime mainly depends on the company style and even the requirements of the department. "Most companies don’t force employees ‘ 996’ , but it will provide some benefits for employees who leave work late and encourage overtime in disguise. In addition, bosses who like to work overtime will also brainwash everyone mentally, telling stories of famous companies and encouraging everyone to continue their work. As for overtime pay, it is relatively small, and it will only be available in case of emergency projects. "
Lawyer’s statement
"996" working system or suspected of breaking the law
Lawyer Han Xiao of Beijing Kangda Law Firm said that from the perspective of the Labor Law, the "996" work system may be suspected of violating the law. According to "Regulations of the State Council on Working Hours of Employees" and "Measures for Examination and Approval of Enterprises Implementing Flexible Working Hours and Comprehensive Working Hours" and other relevant regulations, enterprises need to go through the examination and approval of the labor administrative department before implementing a special working hours system different from the standard working hours system. "Therefore, if there are praises, it will be implemented without approval ‘ 996’ Working system is illegal. "
According to the provisions of Article 41 of the Labor Law: "Due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the working hours shall not exceed three hours a day, but not more than thirty-six hours a month under the condition of ensuring the health of the workers. " It can be seen that, except for a few special cases stipulated by law, enterprises may not force employees to work overtime, and they must obtain the consent of employees if they want to work overtime, and strictly control it within a certain period of time.
According to Article 90 of the Labor Law, "If an employer violates the provisions of this Law and extends the working hours of laborers, the labor administrative department shall give it a warning, order it to make corrections, and may impose a fine."
Lawyer Han Xiao said, "You praised the company’s ‘ 996’ Whether the working system is illegal is still under investigation, but it obviously has not played a positive social guiding role, but has caused adverse social impact. It is suggested that enterprises should not blindly pursue interests and ignore their social responsibilities when formulating internal related systems. "
Text/reporter Kong Lingqi