Recently, an Internet company's "pilot forcing off work at 6 pm" regulations rushed into hot searches. Some people praise the humanization of enterprise management, and some people think that this is the right that workers should have.
Why does it become a welfare for employees to leave work normally?
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The legal profession suggested that relevant departments should standardize the setting of labor standards, supervise and implement the system standards on wages, working hours, rest and vacation, and labor safety and health. At the same time, they should provide workers with room for collective bargaining and implement workers’ democratic management rights. In order to protect their legitimate rights and interests.
Recently, an Internet company's topic of "piloting to force off work at 6 p.m." rushed into hot searches.
As a leading Internet company, this seemingly reverse operation has triggered people's discussion. Some people support it, and some believe that this is the right that workers should have.
Is it reasonable for a company to force it off work?
Why does it become a welfare after get off work normally?
The reporter conducted an interview and investigation.
"The first shot of anti-involution"? Some people support, some people wait and see
It is understood that a studio under this company announced that it will implement a new overtime management mechanism starting from the Dragon Boat Festival on June 14.
From the perspective of overtime management mechanism, this studio will strictly abide by Wednesday Health Day, which means that it will start work at 9:30 a.m. and leave work at 18:00 on Wednesday, and leave the office area no later than 21:00 on other working days except Wednesday.
If there are special needs, it needs to be reported for approval in advance.
The reporter searched and found that on Weibo, Zhihu, Maimai and other social platforms, the amount of discussion on related topics exceeded one million, and different discussions were triggered: some people expressed envy and believed that it had fired the first shot of Internet companies’ anti-involution. "; Someone also made a mocking voice: "The first reaction, isn't this a good thing? Then I felt that something was wrong. What's so good about getting off work normally?" Some people also expressed doubts about whether it can be implemented, saying, "This measure Can it be effectively implemented, or is it just superficial?"
In response to everyone's discussion, the relevant department of this company publicly responded that the move is to encourage employees to combine work and rest, further improve work efficiency, and at the same time pay better attention to physical and mental health and allow more time to spend with their families.
Although Tiantian, an employee of the e-commerce platform, expressed envy, she also expressed her concern: "If the workload remains the same, will it become everyone carrying their computers home to work?"
Regarding this topic, Zhu Ruilei, a senior partner of Yingke Law Firm, said that my country's "Labor Law" stipulates that workers have the right to rest and vacation. Therefore, leaving get off work itself is the right of workers.
The "compulsory off-get off work" reflects to a certain extent that workers are not getting better rest.
From another perspective, is it reasonable for the employer to force employees to leave work?
According to Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm, according to Article 43 of the Labor Law: Employers must not violate the provisions of this law to extend the working hours of workers.
If the employer arranges for the employee to work overtime, it shall promptly notify the employee and obtain the employee's consent.
If the employer compulsory requires employees to leave work at 18:00, and it is an extended working time of more than 8 hours that day, it is illegal.
If the employer forces the employee to leave work at 18:00 and the working time does not exceed 8 hours on the day, it is legal.
Why is the phenomenon of overtime not being fundamentally curbed?
In recent years, many Internet companies have arranged for employees to work overtime. In some companies, overtime has become the norm.
Whether it's "working overtime is a blessing" or employees "voluntarily" giving up paid annual leave, some companies in the Internet industry have attracted social criticism for their "overtime culture" and their work system arrangements.
However, reporter interviews found that overtime in these industries does not seem to have been fundamentally curbed.
Ma Long, a programmer of a video website, told reporters that the company requires that the card must be clocked in for 9 hours a day, but it does not specify a specific time for commuting.
"Sometimes I don't dare to leave early, for fear that the leader feels that he is not diligent enough, and he scores low in the performance evaluation, which will affect the promotion and year-end bonus.
What Ma Long said represents the thinking of some employees. Even with flexible working hours, the work is completed ahead of schedule, but many people are still unwilling to be the first to leave work. This makes overtime work a norm in some companies.
For other people, the nature of overtime is because of the workload.
Tiantian said that what employees need is not just a few hours to go to and from get off work, but how much work they actually have to do.
What's the point if you just leave the company at 18 o'clock on the surface and continue to work when you get home?
She believes that the nature of the work of Internet companies determines that the fixed working hours from 9 to 5 are unrealistic. "For example, during the 618 promotion period, we will work more overtime. Starting in May, we will have to work overtime until 23:00 at the latest."
Just one week after the company introduced mandatory off-duty regulations, Liang Ru, the new CEO of Bytedance, announced the results of a survey on whether to cancel major and minor weeks: one-third of people do not support cancellation of major and minor weeks, and one-third of people stand by.
Some employees said that if they cancel large and small weeks, they will lose about 100,000 yuan in annual income.
Liu Hao, who is engaged in content operation, said that before joining the HR manager, he will inform the situation of the big and small weeks, and most people will accept it. "After all, you can get double wages when you work on weekends. Most people choose Internet companies for high salaries and earn a few years. With hard money, the elderly will be more comfortable in the future."
In the hope that it will have a demonstration effect on the same industry
During the interview, some Internet company employees said that they were more worried about not having overtime pay than working overtime.
Some practitioners said that large Internet companies will at least pay overtime, while in some small companies, they will work for nothing. "The boss and you are talking about the future and culture."
A reporter searched the China Judgment Documents website and found that the plaintiff needed to provide sufficient evidence to prove his claim for the application for overtime compensation. However, because the plaintiff was unable to provide sufficient evidence, the court often failed to support his claim.
Zhu Ruilei said that the law stipulates that employees and enterprises can sign collective contracts on working hours, rest and vacation, and the draft collective contract should be submitted to the employee representative assembly or all employees for discussion and approval.
That is, employees have the right to make choices.
But the reality is often that the company belongs to the strong side, and employees often have no bargaining power.
“Only by strictly implementing labor laws and regulations, strengthening supervision and management, and increasing penalties for infringements such as arbitrary arrangements for employees to work overtime, can the legitimate rights and interests of employees be effectively guaranteed.”
Zhihu user Jiang Rui told reporters, “I hope this wave of proactively reducing overtime operations can affect more Internet companies.”
According to Guan Tieliu, a lawyer from Guangdong Huashang (Longgang) Law Firm, the real focus is the setting of the salary system.
Companies want to pursue profits, and some employees want more rewards, so they can only lengthen their working hours.
On the surface, this seems to be no problem, but in the long run, we must consider the issue of sustainable development of the labor force and pay attention to the health of the people.
He suggested that relevant departments should standardize the setting of labor standards, supervise and implement system standards on wages, working hours, rest and vacation, labor safety and health, and at the same time give workers room for collective bargaining and implement workers’ democratic management rights. Protect your legal rights and interests.
"Solving the endless overtime problem ultimately requires legislation and strict law enforcement. Some cases of companies releasing goodwill are also worthy of encouragement and affirmation. Take the point of view and have a certain demonstrative effect on the same industry."
Reporter: Tang Shu