News 1+1丨Why is Shenzhen the first to legislate for "paid leave"?
The first local health regulation in China, the "Shenzhen Special Economic Zone Health Regulations" will be formally implemented in Shenzhen on January 1 next year, which clearly proposes the implementation of a "compulsory vacation" system.
Considering the reality that paid vacation is often vain, what does this approach mean?
Where is "mandatory" again?
"News 1+1" connected with Zhai Yujuan, director of the Institute of Labor Law and Social Security Law of Shenzhen University, and shared concerns: Why is Shenzhen the first to legislate for "paid leave"?
From Shenzhen speed to Shenzhen health Shenzhen plans to push a mandatory vacation system
According to data, 36.9% of office workers in Shenzhen have to work overtime until after 8pm.
Shenzhen is a city known for its "speed" and "efficiency".
As the earliest special economic zone in my country, Shenzhen has gathered a large number of private enterprises, especially high-tech Internet companies, after four years of development.
In Shenzhen, overtime has become a feature, and "996" seems to be used to it.
The "Shenzhen Special Economic Zone Health Regulations", which will be formally implemented on January 1 next year, has recently become a hot spot.
Article 63 of the Regulations is "Employers shall strictly implement the paid vacation system for employees in accordance with the law." As the first local health regulation in China, industry experts believe that the introduction of the so-called "compulsory vacation" new regulations has a certain demonstration effect.
No longer purely pursuing "speed", but paying attention to the right of workers to pursue health and rest.
As the media commented, I hope Shenzhen’s new regulations can explore reform experiences and paths.
Is this system really "mandatory"?
On the Internet, the word "mandatory" in the "compulsory vacation" system has aroused the appetite of many netizens, but no such description was found in the specific content. How should we understand the content and significance of this legislation in Shenzhen?
Zhai Yujuan, director of the Institute of Labor Law and Social Security Law of Shenzhen University, said that although the clauses used "justified" twice, rather than leaving a huge choice of "yes", it is based on the relevant provisions of the current "Labor Law" .
As a health regulation, regulations made from the perspective of protecting the health of workers are a relatively advanced place. However, from a legal perspective, these regulations are equivalent to "soft law", because there is no specific standard, so there is no The method is enforced.
What is "heavier labor load"? There should be a more scientific and detailed definition in the future
Relevant people in the industry also mentioned that it is really difficult to define and formulate specific standards for excessive labor load in existing regulations. The content of this part is mainly to guide employers and employees to establish a healthy work concept, which also reminds us In the future, we can consider the degree of "overload" for some specific industries, and we can have a clearer definition.
Zhai Yujuan, Director of the Institute of Labor Law and Social Security Law of Shenzhen University: Regarding excessive labor, this is a relatively general problem. In the future, legislation can be more detailed and specific, or you can refer to some foreign legislation, such as With regard to the issue of “overwork” in Japan, the main factor to be considered is working hours. Does the overtime work exceed 100 hours a month?
Regarding labor intensity, our country also has corresponding classification standards, including level 3 and level 4 manual labor... If it exceeds the legal time and intensity, these are all "overworked", but the law still needs to continue to make some detailed regulations.
How is the implementation of "paid leave" in Shenzhen? How to supervise?
The 1995 "Labor Law" was formally implemented, clarifying that paid leave is a basic right of employees.
In 2008, the "Regulations on Paid Annual Leave for Employees" was promulgated and implemented, which stipulated specific operating procedures. In 2013, the "National Tourism and Leisure Outline (2013-2020)" proposed that by 2020, the paid annual leave system for employees will be basically obtained. implement.
However, the implementation of such a system that can improve employee welfare and stimulate market consumption is still not optimistic.
Zhai Yujuan, Director of the Institute of Labor Law and Social Security Law of Shenzhen University: According to my many years of investigation, the actual implementation of annual leave in my country is about 50%, but the annual leave system is getting better and better in practice.
How to make labor law, labor contract law, paid leave regulations, and other related laws and regulations can be linked and supported on layers to form a solid legal foundation. What do we need to do?
Zhai Yujuan, director of the Institute of Labor Law and Social Security Law of Shenzhen University: There are three main aspects of supervision: ① On the enterprise side, the enterprise must realize that the annual leave of workers is a basic right of workers and cannot be deprived at will, otherwise they shall bear corresponding legal liabilities ②The trade union must play the role of protecting the rights and interests of the workers; ③As a worker, he must adjust his own active rights protection and fully consider the relationship between the interests of the company. If it is indeed the company’s business needs, he can give up his annual vacation in a certain year. But it should not become a norm.
Who should take the lead in implementing the "paid leave" system?
Zhai Yujuan, director of the Institute of Labor Law and Social Security Law of Shenzhen University: Some relatively large companies not only have higher production efficiency, but also become better employers and play a leading role in demonstrating.
At present, our country emphasizes that the internal and external cycles of the economy should be paralleled. In order to stimulate domestic demand, it is necessary to increase the wages of workers and more leisure time.
For China to become a strong manufacturing country, it needs a large number of skilled laborers, and these require long-term stability of labor relations and laborers have a lot of time for training and vocational skills improvement. Under the "996 working hours" system It is impossible for workers to have time and opportunities to improve and train.