September is coming soon. Have you ever taken paid annual leave this year? On the 24th, a local regulation "Shenzhen Special Economic Zone Health Regulations (Draft Revised First Draft)", which was submitted for second review in Shenzhen, made the old topic of paid vacation aroused once again. There is a word "mandatory vacation" mentioned in it. Can vacations be mandatory? How can I take this vacation? Get to know together now.
In this "Shenzhen Special Economic Zone Health Regulations (Draft Revision)", the description of "compulsory leave" is as follows: Employers should rationally allocate human resources and arrange employees' work and rest time, which has a heavy burden on mental and physical labor. Employees implement a rotation system to avoid excessive loss of human functions or physical and mental health damage to employees' health. So, how to define the heavy workload of mental and physical labor, are there specific indicators for measuring it?
Lu Yuping, Director of Regulations Division of Shenzhen Municipal Health Commission:
It is really difficult to define and formulate specific standards for the over-burden of labor. The content of this part is mainly to guide employers and employees to establish a healthy work concept, so we have not formulated specific legal responsibilities in the regulations.
According to experts, internationally, such as the United States, Europe, Japan and other countries, there have also been some common practices that give leave systems to heavy mental workers. Shenzhen's introduction of new regulations this time is also a domestic precedent and has a certain demonstration effect.
Tang Renwu, Dean of the Institute of Government Management, Beijing Normal University:
As the earliest special economic zone in my country, Shenzhen has a developed private economy. This system has an important role model and guiding significance.
The regulations also clarify that employers should strictly implement the paid leave system for employees, and human resources security departments and labor unions and other organizations should strengthen the supervision and inspection of employers' implementation of the paid leave system for employees.
Lu Yuping, Director of Regulations Division of Shenzhen Municipal Health Commission:
In reality, some companies are not doing very well. Departments of human resources and social security, labor unions and other departments should strengthen the supervision and management of employers, urge enterprises to better implement this system, and guide employees to proactively claim their legitimate rights and interests.
Paid leave was written into my country’s labor law more than 20 years ago. The “Regulations on Paid Annual Leave for Employees” also specifies the number of days of annual leave for employees of institutions, enterprises, institutions and other units. However, the implementation situation is not satisfactory. Especially in recent years, the "996" work model (working hours from 9 am to 9 pm, working 6 days a week) in individual places and industries has often caused controversy.
The reaction of netizens to Shenzhen’s latest regulations is very telling. Although many people welcome it, many netizens also report that many people cannot even guarantee weekends and weekends, so why not talk about paid vacation. More people have doubts about whether the enterprise can truly implement it, and they have put forward higher requirements on the regulatory authorities.
Tang Renwu, Dean of the Institute of Government Management, Beijing Normal University:
It is recommended that the next step is to seriously study whether the formulation of this regulation is feasible, how high its supervision cost is, how to punish some companies if they fail to implement it, and the corresponding implementation rules should be issued as soon as possible.