Chinanews client, Beijing, September 9th (Reporter Wu Tao) "What's 996, we are 715, white plus black, nightclub." Recently, Jia Guolong, the founder and chairman of Xibei Catering, made a statement for everyone Have a new understanding of Xibei.

"715" remarks of Xibei founder Jia Guolong

　　According to Jia Guolong's explanation, "715" refers to working 7 days a week and 15 hours a day. That's not to mention, there are always meetings at night, so it is a "nightclub."

　　As soon as the remarks came out, netizens immediately "exploded", "'996' is too weak to compare with it." Many netizens called it comparable to "Zhou Peiping" and questioned whether it was suspected of breaking the law.

Response: Employees voluntarily get high returns

　　In response to the controversy caused by the "715" speech, on the evening of September 7th, Jia Guolong responded: "Do not do anything that does not comply with the labor law! Do not do anything that is against the wishes of employees! Do not do anything that goes against the wishes of employees! Voluntary struggle to get high returns, support!"

　　Earlier, Jia Guolong mentioned in his controversial remarks, “It’s not easy for employees to happily 715, white and black, and nightclubs, choose to do this and enjoy doing so happily. Xibei’s management secrets can be summarized as : Favorable, interesting and meaningful. This is a golden triangle. The advantage is that I work so hard, but I have a high income."

The latest response from Xibei founder Jia Guolong.

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　　According to Jia Guolong, this is a voluntary "715" by employees in order to obtain high returns.

"We often say that we are playing the championship game. Everyone is excited about this championship game and the summit game and is willing to work harder." Jia Guolong once said.

Therefore, up to now, Jia Guolong also thinks there is nothing wrong with this, and has not apologized publicly.

Netizens dispute: it is difficult to be voluntary, suspected of illegal

　　Many netizens disagreed with Jia Guolong's statement that "employees voluntarily '715' is for high returns".

　　"This is a tactic used by companies. You can work 15 hours a day with a monthly salary of 5,000 yuan, and immediately someone will work 15 hours with 4,000 yuan." "Treat your employees well. '715' is not worth showing off, it is disgusting in the eyes of many people." "If this continues, the first half of your life will be spent in exchange for money, and the second half of your life will be spent on money."

Some netizens commented.

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　　Some netizens wanted to explain "high pay and high return", but were criticized by other netizens for being "lawless".

"If you have the heart to make money, you can take two jobs, but the legal rights and interests of workers protected by law are the ultimate bottom line."

　　"Catering companies generally implement a shift system, it is difficult to be voluntary", some netizens analyzed, "I am willing to work overtime today, but I am not willing to work overtime tomorrow, who will be the top of this class? Or hire people immediately? I hope Boss Jia will be open '715 'detailed arrangement."

Are Xibei employees high returns?

　　Jia Guolong has been emphasizing that Xibei employees voluntarily work hard to obtain high returns. What about the income of working in Xibei?

　　During this year’s epidemic, Jia Guolong said in an interview with the media, “Xibei has 400 stores across the country, more than 20,000 employees, and a monthly salary of about 150 million yuan.” Calculated in this way, Xibei’s average monthly salary per employee Less than 7500 yuan.

　　The reporter found on a workplace platform that some people claim that Xibei offers 70,000 yuan to 90,000 yuan per year, and the average monthly salary is between 5,000 yuan and 7,500 yuan.

Some netizens revealed that the monthly salary of Xibei's supervisor level is 10,000 yuan-15,000 yuan, and the annual salary is 14 yuan.

The salary level of Xibei exposed by netizens on a workplace platform.

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　　58.com released the "Report on Employment of College Graduates in 2020" shows that the average salary of 2020 graduates is 7,839 yuan.

In this way, Xibei's average monthly salary of 7,500 yuan can not even reach the average monthly salary of recent graduates.

Is it against the law?

　　Although Jia Guolong tried his best to say in his response that this is voluntary, "Don't do anything that does not comply with the labor law!" Is this situation suspected of illegality?

　　Su Hainan, a special researcher of the Chinese Society of Labor, said in an interview with a reporter from Chinanews.com that if this is the company’s working hours system arrangement, it will definitely violate the labor contract law; if this is the company culture, it is a call in name, but it is actually implemented in a semi-mandatory manner. unethical.

　　"There is also a situation where this call is only aimed at a small number of high- and middle-level management or technical personnel in the enterprise, and the workers in this category are willing to do so. It is understandable."

　　Su Hainan also said that if employees voluntarily "715", it also depends on whether the company is a comprehensive calculation working hour system or a standard working hour system.

If it is the standard working hour system, the overtime part must be counted as overtime, and it is also illegal for the accumulated overtime to exceed 36 hours per month; if the accumulated overtime does not exceed 36 hours but no overtime, additional overtime pay shall be paid.

　　"If it is a comprehensive calculation of working hours, and its average working hours and average weekly working hours are basically the same as the legal standard working hours, and approved by the labor department, there is no problem; but if it is '715' every week, it will definitely exceed The accumulative working hours stipulated by law are also illegal.” Su Hainan said.

　　Attorney Shen Binyu, an equity partner of Beijing Zhongwen Law Firm, told a reporter from Chinanews.com that even with overtime pay, "715" is still suspected of breaking the law.

According to relevant laws and regulations, extended working hours shall not exceed 3 hours per day and 36 hours per month.

　　According to the "Labor Law of the People's Republic of China", the state implements a working hour system in which workers work no more than 8 hours a day and an average work week no more than 44 hours.

The employer shall ensure that the worker has at least one day off each week.

Overtime work generally cannot exceed 1 hour per day, 3 hours per day, and 36 hours per month.

　　If you work 15 hours a day as described by Xibei, except for the specified 8-hour work, that is to say, employees work 7 hours of overtime every day, and a month is calculated as 30 days, and the accumulated overtime is 210 hours.

This is far beyond the legal 36 hours.

　　Shen Bindi said that in the case of employees working overtime, even if the employees are voluntary, the company still has certain employment risks, including the risks of labor inspections, the risks of being notified of criticism and fines, being reported, arbitration and litigation. risk.

　　"Employees have the right to refuse '715', and employers shall not force employees to work overtime against their wishes. Employees have the right to require employers to pay overtime according to legal standards. If employers refuse to pay, employees can report to the local labor administration department. For complaints, you can also apply for mediation at the enterprise labor dispute mediation committee, or directly initiate labor dispute arbitration."

　　Have you encountered unreasonable overtime requirements?

How to deal with it?

(Finish)