After resuming work, some workers switched from the "home" mode of home to the "busy" mode of on-the-job
[Focus on the focus of labor disputes in the resumption of production and resumption of production ②] Is it legal to "pull" one day off on weekends?
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Affected by the new coronary pneumonia epidemic, some enterprises face tremendous pressure to resume production after resuming production. In this case, some workers said that after restoring to work, their time for rest and leave became less and overtime worked more. Experts said that enterprises can arrange overtime work in consultation with workers, but on the one hand, they cannot exceed the legal bottom line of overtime hours, on the other hand, they should also pay workers' overtime wages in full. In addition, employers can balance the relationship between workers' vacations and the promotion of enterprise production through the adjustment of compensatory leave and other systems.
In the second quarter of 2020, many workers have officially resumed work. Some laborers claim that their rest time has been adjusted after resuming work, and they have encountered double-seat to single-settled leave, paid annual leave has been deducted, overtime and overtime after work. The sudden increase in workload and working hours made workers call "it takes a while to adapt".
Affected by the new coronary pneumonia epidemic, some enterprises face tremendous pressure to resume production after resuming production. Experts said that it is the current situation that workers and employers need to work together to overcome difficulties. It is recommended that both parties strengthen communication and enhance understanding, and adjust the relationship between workers' rest and vacations and promote enterprise production through the adjustment of leave and compensatory leave systems.
Every weekend is "chopped" off a rest day
As the epidemic prevention and control situation continued to improve, various industries resumed work one after another. Workers switched from the "home" mode of home to the "busy" mode of on-job. Some workers said that they had to work overtime on weekends and work overtime on working days Issues such as progress and paid annual leave are deducted.
"After the resumption of work, the rest time has been reduced." Ms. Li of Nanjing, Jiangsu, is a company employee. Since the resumption of work on February 14, her company has required employees to go to work every Saturday until the end of June. "Suddenly canceled Saturday, feeling very tired, and it will take some time to adapt." Ms. Li said.
Like Ms. Li, there are not many laborers who change from two-day holiday to single-time holiday. On social platforms such as Weibo and Zhihu, many netizens posted that their weekends had been "chopped out" for a day, and the company "suddenly sent notices" via email, WeChat, etc., informing them that they need to work on Saturday for several weeks .
"Workers Daily" reporter learned in the investigation that, in addition to the two-day holiday and statutory holidays, workers pay more attention to paid annual leave. After the resumption of work, some workers said that this year ’s annual leave was deducted from the holiday period during the resumption of work, and some workers said that although the company has not yet explicitly stated that they would “move” the annual leave, they are still worried that they will be rejected when they ask for leave in the second half of the year.
The data also shows that the paid annual leave system is not fully implemented in some enterprises. Earlier, a survey conducted by the Tourism Research Center of the Chinese Academy of Social Sciences showed that 40.1% of the respondents stated that "there is no paid annual leave", 4.1% "there is a paid annual leave but cannot be taken", and 18.8% "there is paid Annual leave, you can take it, but you cannot arrange it yourself. "
Ms. Zhang, who works at a Beijing-based company, said that after resuming work, the company "used its brains" on rest and leave. "At first, we were allowed to use paid annual leave as a deduction, and later forced rotation. I felt that my salary was being reduced in disguise."
Balance between promoting production and ensuring rest
"I have been working overtime this weekend. I have to catch up with the goods. Overtime will be paid separately." On April 27, Wang Yumin, who runs a small factory in Changzhou, Jiangsu, told a reporter from Workers Daily. On February 23, the factory officially resumed work after going through the approval process and inviting workers. Wang Yumin, who has always been worried about whether his small business can "sustain", finally let go of a dangling heart, and the factory is also fully operational and full production.
Affected by the epidemic, some enterprises have been hit hard in the short term. "Some companies are unable to produce normally in the first quarter of this year, and there may be accumulation of production cost transfer pressure and backlog of production tasks, resulting in overtime and overtime after work resumes, reducing vacations and other situations." Professor of Central University of Finance and Economics and China Institute of Labor Relations Shen Jianfeng, dean of the law school, said in an interview with a reporter from Workers Daily.
Shen Jianfeng pointed out that enterprises have not fully communicated with workers on early vacations and leave adjustments. The current law's rules on labor relations in the special case of the new coronary pneumonia epidemic are not perfect and can easily lead to labor disputes.
Excessive overtime has potential risks such as labor disputes and physical and mental health of workers. According to media reports, on March 19, after suffering from high fever and other symptoms, Xiao Liang, who was engaged in the IT industry, went to the Sandun Hospital of Zhejiang Hospital for hot treatment and was found to have a large area of "white lung" and multiple organ failures. The reason is that after resuming work, he still works more than 10 hours a day in fever.
“It ’s not easy to find a job, you should cherish it; it ’s also difficult for companies to understand.” In the interview, many workers said that although there were occasional complaints, if the company faced greater pressure on production and management, they could understand and accept for a period of time. Temporary measures such as appropriate and moderate salary reductions and working hours adjustments within the company are expected to restore the enterprise's vitality as soon as possible.
Adjust working hours within statutory scope
Does it make sense for paid annual leave to be deducted after resumption of work, double leave to single leave, and overtime on working days? The legal person pointed out that the core of the problem lies in "legitimate" and "negotiation".
"In any case, overtime work should follow two basic principles. First, it must not exceed the legal bottom line, that is, no more than 36 hours of overtime per week, and no more than 3 hours of overtime per day. Second, it should ensure that workers share the results of overtime and pay their work in full. Those who work overtime. "Shen Jianfeng stressed.
Yu Yingying, a lawyer from Beijing Yingke Law Firm, said in an interview with the Workers Daily that although the progress of resumption of work in various industries across the country is not the same, if workers do not provide labor during working hours and do take leave, then take It is not improper to adjust the working hours by means of centralized holiday adjustment, deduction of annual leave, etc., "but it is necessary to negotiate and fully communicate with the workers in advance."
The Ministry of Human Resources and Social Security's "Opinions on Labor Relations and Wage Payments during Epidemic Prevention and Control" clarifies that the state encourages qualified enterprises to arrange for employees to work at home to complete work tasks by using flexible methods such as telephone and Internet. For enterprises that do not have the conditions for remote office, in consultation with employees, they can give priority to the use of paid annual leave, the company's own welfare awards and other holidays.
"Employers have the right to arrange paid annual leave according to their production and work conditions. Workers need to discuss the time of annual leave with the employer. If the employer has arranged for the employee to take annual leave before resuming work, the annual leave will no longer be arranged after resuming work. Nothing wrong. "Yu Yingying said.
At the same time, Yu Yingying reminded the workers who work at home during the resumption of work to pay attention to the preservation of the employer's work notice, his labor results, online punch card records and other evidence, so as not to be able to provide evidence in case of labor disputes. In addition, employers should also pay attention to the risks of labor disputes and protect the legitimate rights and interests of workers under the legal framework.
People in the legal profession pointed out that during the special period of the spread of the New Coronary Pneumonia epidemic, it is not only the need of the current situation but also a manifestation of the tradition of cooperation and win-win for both parties in China ’s labor relations. It is recommended that both laborers and employers strengthen communication and understanding, balance the relationship between promoting production and protecting the legitimate rights and interests of laborers, and fight against the epidemic and seek common development.
Zhao Chen