What is "overtime"? The industry calls for improving the certification standards
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To ensure workers' right to rest, it not only depends on the further improvement of relevant laws and the enhancement of corporate managers' concept of respecting workers' rights and interests, but also the workers themselves cherish their own rights and interests.
Some people in the industry have proposed 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 these mechanisms can be used to force companies to abide by the law.
In addition, a scientific identification system should be established for overtime.
After 14 years of employment, he participated in company training and regular department meetings every Saturday. In the sixth year of signing an open-term labor contract with a company in Chengdu, Hu Mou told the company on the grounds that the company had “not paid weekend overtime wages and transferred without authorization”. The company filed a lawsuit, and the court finally ruled that the company should pay him 6551.72 yuan for overtime work on a rest day; He Mou, an insurance company in Deyang, Sichuan, was also deducted or paid less overtime for no reason after he became a "lifetime employee". I had no choice but to leave my job and resort to the law, and it took me nearly a year to obtain nearly 30,000 yuan in overtime wages for myself... The above two labor disputes surrounding overtime conflicts, although workers have protected their own rights and interests to a certain extent, they both It was realized after resignation and experienced a long period of arbitration and litigation, and the final determined overtime payment amount was far from the expected value.
According to the "2020 White-collar 8-Hour Quality of Life Survey Report", white-collar workers in the IT/communication/electronics/Internet industries work overtime for an average of 9.3 hours per week, which means that they have to work nearly 2 hours of overtime every day, and 80% of white-collar workers Dissatisfied with the working environment.
However, during the interview, the reporter found that most people choose to accept "overtime" silently, and even to avoid setbacks, they are unwilling to pursue it even if they leave.
In this regard, all sectors of society are generally concerned, but it seems that it has failed to bring more improvements to the root.
Ubiquitous but extremely complex
"Problems are common, but sometimes what workers think is'overtime' is not recognized by law." In the past few days, reporters have interviewed on the topic of "overtime". Many experts and lawyers have unanimously expressed the above-mentioned views, which means As far as “overtime” is concerned, only the identification process is extremely complicated.
In the above case, Hu believes that attending company training and regular department meetings every Saturday is regarded as working overtime, but the company clearly stated in the "Employee Handbook" and "Training Management Regulations" that "the company provides training and development opportunities for all employees." "In principle, employees voluntarily participate in training, and training is not used as a basis for employee assessment."
At the second instance, the court only recognized the fact that the department’s regular meeting of overtime worked; the insurance company’s investigation and damage assessment officer He Mou believed that the duty according to the company’s arrangement was overtime work, but according to professional characteristics, the only part that can be determined as overtime work during the duty period is to provide dangerous labor. section.
"Existing laws stipulate that the premise for employers to pay overtime wages is that'employers arrange for employees to work outside of legal standard working hours according to actual needs.' If the company does not specify that employees need to work overtime, then employees continue to work after work is voluntary Overtime work." Yan Fuke, a member of the Labor Relations Committee of the Chinese Society of Labor, has been exposed to a large number of labor disputes arising from overtime issues. "Workers are relatively weak in the proof link. In addition, it also involves the issue of the employer’s labor quota. Counted as overtime".
Wang Enhui, a lawyer from Sichuan Weixu Law Firm, has handled a considerable number of labor dispute cases in which overtime is a contradiction in recent years. In his view, the key to such disputes is the payment of employees’ overtime expenses. Some people will remain silent for the sake of their jobs.
Opposed in society, but prevailing in the industry
When it's time for get off work, the leader hasn't left yet, do you dare to leave?
Colleagues are still working, are you embarrassed to get off work first?
If they leave work earlier than others, will they appear to be inactive at work?
In recent years, there are still a few companies that encourage employees to sign agreements with them, encouraging employees to become "company strugglers", voluntarily work overtime, give up paid vacations, and give up overtime pay. Some companies even require employees to accept the company's elimination when their personal ability is insufficient, and promise No legal disputes with the company.
"These phenomena that are inconsistent with decent work, comfortable work, and all-round development should of course be taken seriously and addressed." Wang Enhui said that when the overall employment environment is not good, workers will either grab or grab the "cake" in order to eat the job. Since the price has been lowered, one would either pay more labor and inevitably compete and hurt each other during the scramble. "Especially under the influence of the epidemic, this is more obvious. When the wages brought by a job are already very important, Will anyone care about working overtime?"
"Under the conditions of a market economy, the causes of excessive and hidden overtime are very complicated." Yan Fuke believes that when the contradiction of overtime is prominent for a period of time, the government will increase relevant labor supervision and educate and correct the illegal behavior of enterprises, but Workers in some production and manufacturing enterprises rely on overtime to earn high incomes. In some areas, even if overtime and hidden overtime are common, workers can benefit from this. This is why "996" appears on the side. The reason why the society is opposed to it, but it continues in the industry.
A long way to go to eradicate overtime chaos
"The chaos of overtime is an inevitable product of competition. With the existing supervision and control, the chaos of overtime in all walks of life is curbed, and the workload is unimaginable." Wang Enhui said that in recent years, public opinion has complained about unreasonable overtime. Continuously, but the problem has not been effectively resolved. To ensure the workers’ right to rest, it depends on the further improvement of relevant laws and the detailed management of the enterprise. It requires managers to strengthen the concept of respecting workers, and workers also need to cherish it. Own rights.
In this regard, management departments and trade unions at all levels should play their roles effectively, and workers should also pay attention to collecting evidence for unreasonable overtime problems in peacetime, and safeguard their rights in accordance with the law when their rights and interests are infringed.
“Currently, there are indeed obstacles to how to regulate overtime chaos.” Li Kai, a lawyer at Shuding Law Firm, believes that as a laborer, it is necessary to carefully review and sign labor contracts, especially agreements involving working hours, rest and vacation, etc. At this time, the employee can sign a collective contract with the employer to agree on the relevant matters and report it to the labor administrative department. If you believe that your rights and interests have been violated due to overtime issues or the employer’s relevant rules and regulations are illegal, you can request the labor union to assist in rights protection, or to the local Reports and complaints by labor administrative departments can also protect their rights by applying for arbitration, filing lawsuits, etc.
The society generally believes that what everyone really opposes is uncontrolled overtime. Such overtime seriously occupies workers' rest time and puts workers in a state of exhaustion and overdraft, which is a serious violation of the labor law and a chaos in the spirit of struggle.
Some people in the industry have proposed that the compliance of labor laws and regulations should be included in the evaluation system for the construction of the rule of law society, through these mechanisms to force companies to abide by the law, especially the labor law.
In addition, in response to the problem of excessive overtime, we hope to establish a scientific identification system and increase penalties for companies that violate the law and extend their working hours.
Li Na