Does voluntary overtime not include overtime? Is there overtime pay
Original title: voluntary overtime is not overtime. What about being voluntary?
4hw.org: overtime means to finish the work, but everyone wants to get off work early. How can they take up their own personal time? If voluntary overtime is not overtime, then when the work is about to come off work suddenly, what should we do? Do the work or not?
Forcing employees to 'volunteer overtime' may help improve performance in the short run, but in the long run, it will gradually turn employees into 'puppets' and lose their most valuable vitality and creativity.
Towards the end of the year, many people are forced to enter the cycle overtime mode because of their busy work. Can overtime pay you?
To this end, the relevant personnel of 12333 Labor Relations Department of Liaoning Provincial Department of human resources and social security gave a clear answer: the premise for the employer to pay overtime wage is to arrange employees to work outside the legal standard working hours according to actual needs. Employees are willing to work overtime, which does not belong to overtime. The employer is not required to pay overtime fee. (December 13, Chinese Business Morning Post)
The explanation has its own legal basis. According to articles 41 and 44 of the labor law, it is necessary for the employer to negotiate with the employee and arrange for the employee to extend the working hours.
Of course, it also fits in with the common sense. If you can get overtime pay for any overtime work, those who work late and depend on the unit will be the biggest beneficiaries. And it's not fair for efficient colleagues. After all, quality and efficiency, not hours, determine a person's ability to work.
But in the workplace, the more common situation is probably 'being volunteered to work overtime'.
There are two kinds of situations of 'being volunteered to work overtime'. First, the work task is too heavy, and you have to work overtime to complete it; second, you have to deal with the fierce competition in the workplace and sacrifice your vacation spontaneously.
The former's passivity is obvious. It can be regarded as overtime in fact, but it still faces the problem of "identification". After all, everyone has their own standards for work efficiency. In this case, employees should dare to safeguard their rights, retain the evidence of workload, provide evidence to the labor arbitration department, claim overtime pay and seek the third party's award.
Although the latter seems to be "voluntary overtime", it is still a helpless move under the pressure of competition. Especially in some enterprises, passion work, free overtime, encouragement and dedication are regarded as a positive corporate culture. Some companies even publicize the "wolf culture" 996 work system.
In this corporate culture, leaders and employees lack the proper boundaries. Leaders take it for granted that the company's development, appreciation and salary increase are the only demands of employees. In fact, besides work, leaders and employees are independent and equal individuals. Employees have the will and the right to decide how to allocate their spare time. In fact, it is the deprivation of self-awareness of employees that leaders constantly instill the concept of "voluntary overtime" into employees.
This kind of deprivation, in the short term, may contribute to the improvement of the company's performance; but in the long term, it will gradually turn employees into unconscious' puppets', losing their most valuable vitality and creativity. And this, no matter for the enterprise or for the employees, is not a blessing. In the eyes of the boss, it's better to work less overtime.