China News Service, Beijing, January 7th (Reporter Yu Zhanyi) At the end of the year, many reports about excessive overtime work causing the "yellow light" of "beating workers" in the workplace, and even sudden death in individual cases, have attracted widespread attention .

　　On December 29, 2020, a female employee of Pinduoduo’s product, Duoduomaicai, died suddenly at 1:30 am on her way off work. According to reports, the cause of her death was related to overtime and overwork. On January 6 this year, there was a report on “abnormal rate of white-collar medical examination in Shanghai. The topic "99%" has been on the hot search, and the number of readers of the topic has exceeded 200 million so far. The number of "99%" comes from the "2019 Shanghai White-collar Health Index Report" released by Shanghai Foreign Service and "Popular Medicine" magazine.

Coincidentally, another topic of "post-90s dare not read the medical examination report" has read as much as 570 million. Some netizens ridiculed "As long as I don't read the medical examination report, I am not sick."

Data map: The project team of a game company in Shanghai specially invited two female mobile game developers to encourage developers to encourage programmers to complete development tasks with high quality.

China News Service issued by Yu Qing

　　For a while, topics such as "how to treat the '996" and "007' overtime culture", "is it the norm in today's workplace to take one's life for money?" became a hot topic in public opinion.

At present, excessive overtime work is embodied as an invisible "culture" in many companies, and there are even reports of fresh graduates being fired by the company for rejecting "996".

In this context, how to protect labor rights?

Is the company assessment system scientific and reasonable?

Where is the boundary of overtime work?

　　Regarding the above issues, Yang Sibin, a professor of the China Institute of Labor Relations and the vice dean of the School of Public Administration, said in an interview with a reporter from China News Agency that excessive working overtime violates the people-centered development philosophy and China's current "healthy China" strategy. Running in the opposite direction is also contrary to the development trend of labor rule of law civilization, especially to the physical and mental health of workers themselves, and must be reversed.

　　He introduced that according to the labor law and other laws and regulations, China's standard working hour system is that employees work 8 hours a day and 40 hours a week.

If the employer arranges for the employee to work more than 8 hours in the working day, on rest days, and legal holidays, it is considered to be overtime, and it is necessary to arrange a shift or pay overtime according to law.

Due to production and business needs, the employer may extend the working hours after consultation with the labor union and workers, generally not exceeding 1 hour per day; if the working hours need to be extended due to special reasons, the working hours shall be extended every time the worker’s health is guaranteed. No more than 3 hours per day, but no more than 36 hours per month.

In other words, there are not only length restrictions on the extension of working hours of workers, but also procedural requirements, which are clearly stipulated by the law.

　　Zhu Lijia, a professor at the Central Party School (National School of Administration), believes that some companies, especially the fast-growing e-commerce platforms, do not fully comply with the requirements of the labor law to regulate their employees, which leads to great psychological and work pressures.

Employers must conscientiously implement labor laws and labor protection management regulations and requirements while pursuing business development.

　　In recent years, there are still a few companies that encourage employees to sign a "struggle agreement" with them, encourage employees to become "company strugglers", voluntarily work overtime, give up paid vacation, give up overtime pay, and even some companies require employees to accept the company when their personal ability is insufficient. Eliminate and promise not to cause legal disputes with the company.

　　In this regard, Yang Sibin pointed out that the so-called "struggle agreement" is completely illegal and invalid.

　　"The hard work we advocate is based on the belief and love of the profession, and the concept of being forced to work overtime in a disguised form." Yang Sibin said that if the employer relies on overdrafting the physical strength of the worker to obtain benefits, it is not worth promoting. It is not conducive to the long-term development of the enterprise.

Enterprises must keep to the bottom line of the law and establish a win-win thinking for workers and enterprises.

　　"Enterprises should care for their employees like parents care for their children, and establish an employee-oriented workplace culture or corporate culture." Yang Sibin said, it is not that the longer the working hours, the more value the employees can create. The employees suffer from physical fatigue and mental exhaustion. Under the circumstances, there is no work efficiency at all.

　　He suggested that the compliance of labor laws and regulations should be included in the overall evaluation system for the construction of a society under the rule of law, and the violation of labor laws by enterprises should be included in the credit punishment system, and these mechanisms should be used to force companies to comply with the law, especially the labor law.

Zhu Lijia suggested that the employment situation of employers can be supervised through new technologies and methods including big data.

　　Both Yang Sibin and Zhu Lijia believe that in protecting the rights and interests of employees, it is also necessary to vigorously give play to the role of trade unions at all levels and strengthen their supervisory functions.

　　“The trade union is the defender of workers’ rights. If there is overtime work, workers can report to the trade union. According to the relevant provisions of the Trade Union Law, the trade union can negotiate with enterprises and institutions for free extension of working hours, and can also require the government to deal with the violation of the law. Acts shall be dealt with in accordance with the law." Yang Sibin said.

(Finish)