The legitimacy and rationality of team building urgently need to be reviewed

　　Interlocutor

　　Shen Jianfeng, Professor, School of Law, Central University of Finance and Economics

　　Zhang Liyun, Associate Professor, School of Law, China Institute of Labor Relations

　　"Rules of Law Daily" reporter Zhao Li

　　Sun Yifei, an intern of the Rule of Law Daily

If the group is built as a burden

　　Will inevitably lead to employee dissatisfaction

　　Reporter: Team building is team building, which is a series of structural design and personnel incentives for maximizing team performance and output.

The end of the year is approaching, and the peak of the company's organization of team building is coming.

We learned from interviews that some companies did not carefully organize the team building to hurt the hearts of the employees, show off their leadership power under the pretense of celebration, etc., making the team building thankless.

Why is Tuanjian criticized by so many professionals?

　　Shen Jianfeng: The team building activity is a way to improve team cohesion, strengthen team understanding and cooperation, and enhance the organization and coordination ability of employees, which has its positive significance.

However, some companies have encountered a series of problems in the process of team building.

　　Typical problems include: First, the form, content, frequency, and personnel arrangements of team building activities are unreasonable, which exceed the capabilities of employees, and are even insulting or cause harm to employees;

　　Second, some employers regard team building as a kind of welfare, ignore the employees' contribution in the team building process, occupy employees' rest time for team building, replace paid vacations with team building, or overtime and workload after team building, etc. phenomenon;

　　Third, there are also employers that incorporate team building performance into the employee assessment, which brings psychological pressure to employees;

　　Fourth, how to bear the cost of team building, sometimes also shared by employees, which brings financial pressure to employees.

　　In short, when the team is built as a burden, it will inevitably lead to dissatisfaction and complaints among employees.

　　Zhang Liyun: Team building itself is a workplace training method adopted to increase the work efficiency and performance of the workplace team. This workplace training method has a clear goal, that is, through the development of team building activities to make the organization members closer and more united, and work together. A good starting point for striving for a career goal.

　　Formally speaking, team building belongs to the category of voluntary participation. However, when employees have not participated in team building activities for many times, they may be excluded. Some employees may have to participate in activities due to the workplace atmosphere or the protection of their own workplace. This may be one of the main reasons why the current team building activities are criticized. Many employees themselves are unwilling to participate.

　　On the other hand, there are activities that are inappropriate or challenge personal bottom line in some team building. Therefore, for employees, they participate in activities based on the team building requirements of the unit. The content is not approved, and employees' disapproval of part of the team building content is also one of the reasons why team building is criticized.

　　From the third point of view, group building is currently under the jurisdiction of a legal gap, but it may bring some social problems.

The core goal of team building activities is cohesion. If the goals of team building activities are not legally and rationally controlled, it is very likely that team building will be a brainwashing behavior. This brainwashing behavior will make employees in cohesion training or After brainwashing training, you may engage in some illegal work.

Therefore, as a system researcher, it is very necessary to review the legitimacy of team building activities.

　　Employee team building was injured

　　Experts suggest as work injury

　　Reporter: Indeed, in addition to the wonderful content settings, taking up break time and self-funded AA system are also the most frequently complained aspects of team building.

Some enterprise employees interviewed clearly stated that Article 38 and Article 41 of the Labor Law stated that employers should ensure that employees have at least one day off each week, and employers must not force employees to work overtime in various forms.

Based on this, the company should also abide by the principle of voluntary participation when organizing activities during statutory breaks. If participation is mandatory, is it considered overtime?

At the same time, a lot of team building is very physically demanding. If physical injury is caused, is it a work injury?

　　Zhang Liyun: The team building activities themselves are not part of the scope of work. The general team building activities are organized in everyone's spare time, so the problem that employees participate in the team building activities organized by the unit after get off work is not an overtime problem.

　　In this regard, there are currently no relevant regulations in my country’s labor law. At the same time, team building activities do not require every employee to participate. They do not belong to the scope of overtime, and employees will not be paid overtime. This is the current status of the system.

　　Secondly, for the team building activities organized by the employer, sometimes when the employee and the unit are required to share the expenses, I personally think that there should be relevant legal provisions in my country's labor law.

In team building activities, if an employee is injured or otherwise, it should be treated as a work injury.

Without this provision, it would be very difficult to stop such illegal team building activities.

　　At present, the labor law recognizes the activities organized and implemented by employers during their spare time as working hours. However, because group building is not part of the work, although people hope to include it in the work injury system, it is indeed difficult to implement in the system.

Therefore, employers must purchase accidental injury insurance for their employees to protect the interests of these groups.

Otherwise, once there is a problem in the team building activities, the employer will make the employees take the responsibility on the grounds that the employees voluntarily participate, which is not fair to the employees.

　　Shen Jianfeng: It is difficult to say in a package what rights and interests of workers have been infringed upon by group building activities.

According to the different forms of problems in the above-mentioned group building activities, it may be manifested as infringement of the right to rest and vacation, the right to health, and the right to reputation.

　　If an employee participates in team building activities in order to enhance the unit's cohesion and understanding and trust between employees under the arrangement or request of the unit during the break time, such team building activities should be regarded as overtime.

　　In the process of team building, if an employee's physical injury is caused, it shall be deemed as a work injury.

　Review legality

　　Solicit opinions from different employees

　　Reporter: The purpose of team building is to promote company culture, strengthen interaction between superiors and subordinates, and enhance team cohesion.

Many interviewees believe that team building is actually a very idealistic thing.

Many projects are set up to achieve an effect similar to Stockholm syndrome by torturing physical strength and wasting will.

This kind of unity and "warmthness" cannot allow employees to gain a sense of identity.

Back to the office, what should be the relationship between colleagues.

Therefore, the adjustment of the team atmosphere in daily work may be more meaningful than this formalist team building.

　　Zhang Liyun: A truly ideal team building must meet six aspects:

　　First, there can be team building activities, but the frequency should not be too much, and the spare time of employees should not be overly invaded;

　　Second, the team building activities should be supported by the financial budget of the employer;

　　Third, for the related risks in team building activities, employers must participate in commercial insurance to provide protection for all employees;

　　Fourth, for the content of team building activities, the trade union should review its legitimacy and rationality, and at the same time seek the opinions of employees. Items that exceed the physical tolerance of employees should not be included in the content of team building activities.

At the national level, the legality and rationality of the content of team building should also be reviewed, and team building activities suspected of illegal or brainwashing should be stopped in time;

　　Fifth, from the internal perspective of the company, all employees sign up for team building activities voluntarily. For employees who do not participate, the employer cannot affect their benefits and promotions, and cannot deduct employee benefits because of this;

　　Sixth, team building activities have two sides. Good team building activities can enhance the collaboration between employees and increase mutual understanding. However, team building activities may also trigger some interpersonal crises. Therefore, the human resources department may need some countermeasures. , Try to reduce or solve the possible bad effects.

　　Shen Jianfeng: From a positive point of view, modern production is an organized production. The understanding, trust and cooperation among employees are of positive significance for improving production efficiency, and team building activities can achieve this goal.

From a negative point of view, there are also factors that compare with the industry.

When colleagues in the industry are engaged in team building, or when companies of the same size are engaged in team building, some companies will also engage in team building out of comparison.

　　Team building activities must focus on enhancing team cohesion, strengthening employee trust and understanding this goal.

In the form arrangement, the characteristics of the industry, the actual situation of the company, and the situation of the employees should be considered, and the content should be positive.

At the same time, it should not unduly affect the rights of workers such as rest and vacation.