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What is the 996 working system? Does the 996 working system violate the labor law

Hangzhou e-commerce company youzan's promotion of the '996' working system at the annual meeting was questioned, and the local labor supervision department intervened in the investigation. In fact, some big Internet companies in Beijing, Shanghai and Guangzhou will implement this kind of work system. So what is the 996 work system? Is the 996 work system illegal?

In recent days, an e-commerce company publicly announced at its annual meeting that it would implement the '996' working system, which makes the increasingly common overtime problem in the Internet field become the focus of debate again. On the afternoon of January 31, a reporter from Beijing Youth Daily learned from the local labor supervision department of the company that the staff had been involved in the investigation. If the illegal overtime behavior is true, the enterprise will be investigated and dealt with according to law.

The announcement of the '996' working system at the annual meeting of the enterprise raises doubts

In recent days, 'you Zan 996' has become a topic of discussion among many people. The reason is that a company named Hangzhou youzan technology announced at its annual meeting that it will implement the '996' working system in the future, that is, it will arrive at the post at 9:30 a.m. every day and work until 9 stores in the evening. When encountering emergency projects, it will work six days a week, and the working hours may be longer every day.

In addition to requiring employees to work more than 10 hours a day, some participants in the annual meeting also revealed that the company's senior executives once proposed that if they could not properly balance work and family, they could choose divorce.

Encouraging overtime work and ignoring employees' legal benefits & hellip; & hellip; soon, youzan annual meeting was questioned because of the above remarks. Many netizens pointed out that the company's move is suspected of layoffs in disguised form. "If you don't abide by the labor law, why should employees work for you?"

Investigation of Hangzhou labor supervision department

In addition to netizens' doubts, youzan's "996" working system has also attracted the attention of the labor supervision department. On January 30, in an interview with the media, the Labor Supervision Brigade of Xihu District, Hangzhou City, said that it had noticed the above-mentioned revelations and stepped in the investigation. On the afternoon of the 31st, a reporter from Beiqing Daily called the Labor Supervision Brigade of Xihu District to learn that the staff of the brigade had gone to the company for investigation. As of 5 pm on the same day, the investigators had not returned. Follow up progress will be announced after the investigation.

In addition, the all China Federation of trade unions also reprinted media reports on January 31, explaining the possible legal risks in the '996' working system.

According to the article, according to the law, the labor working hour system is divided into standard working hour system, comprehensive calculation working hour system and irregular working hour system. The latter two belong to special working hour system, which can be implemented only after being approved by the labor administrative department. According to the relevant provisions of the labor law and the regulations of the State Council on the working hours of employees, the standard working hours system should not exceed eight hours a day, and the average working hours per week should not exceed 40 hours. If you need to work overtime, you need to negotiate with the trade union and workers before you can extend the working hours. And the daily maximum shall not exceed 3 hours, and the monthly maximum shall not exceed 36 hours.

The term '996' has been repeatedly put forward by enterprises in recent years

In fact, this is not the first time that the '996' working system has aroused controversy. In October 2016, 58 Internet companies in the same city were exposed to implement the '996' working system for all employees, and the CEO of the company was denounced by the employees. At that time, the "996" working system put forward by 58 cities meant that working hours were from 9 a.m. to 9 p.m., working six days a week, without subsidies or overtime pay, and no leave was allowed. Since then, 58 sides have responded that the so-called '996' is just a routine mobilization, not a mandatory requirement, and its purpose is to meet the needs of work with large business volume in September and October.

At the same time, there is also an application form from Jinan Inspur Group to promote the popularization of 996. The plan requires employees to voluntarily work six days a week, 12 hours a day, give up all paid annual leave and work overtime voluntarily. Not only that, the "enterprisers" have to work overtime unconditionally during the Spring Festival, national day and other holidays, on call.

Followers and KPIs are the main reasons for Internet practitioners' voluntary '996

However, although the '996' working system has aroused a lot of criticism and doubts, it still exists in some enterprises in practice.

It is understood that in recent years, with the continuous development of the Internet industry, many company employees have actively or passively extended their working hours. Working more than 10 hours a day, sacrificing weekends to work overtime for the company has become a common thing for many employees. There are not only start-up companies, but also many industry giants.

Wang Wei (pseudonym), who just graduated this year and joined a robot research company, said that since he joined the company, it is normal for him to get off work at 9 or 10 pm. 'it's very good to arrive at the company at 9 a.m. and leave at 9 p.m. on weekends. He said that although the company promised to get off work at 7 o'clock when signing the contract, it's hard to get protection after actually taking part in the work. "If everyone doesn't leave, how can you go. "When it comes to the reason why overtime is so serious, he said that a large part of it is based on the herd mentality. In addition, he is worried that the year-end KPI will not be completed. He revealed that among the students who have been employed, most of the jobs with an annual salary of 200000 to 250000 have reasonable working hours, and those with an annual salary of 300000 or more basically have to accept overtime work. 'that's not what the boss said during the interview. I feel like I've been cheated. 'he said.

Li Chen (a pseudonym), who has worked in many Internet giants, said that whether overtime work is serious or not has little to do with whether the company is in the entrepreneurial stage. It mainly depends on the company's style and even the requirements of the Department. 'Most companies will not force employees to work 996, but will provide some benefits for employees who work late and encourage them to work overtime in disguise. In addition, the boss who likes to work overtime will also brainwash everyone, tell the story of famous enterprises, and encourage everyone to continue to work. As for overtime pay, it is relatively small, only in case of emergency projects. '

Lawyer: '996' working system may be illegal

Han Xiao, a lawyer from Beijing Kangda law firm, said that from the perspective of labor law, the 996 working system proposed by youzan may be suspected to be illegal. Lawyer Han Xiao pointed out that according to the provisions of the State Council on the working hours of employees and the examination and Approval Measures for enterprises to implement the irregular working hours system and the comprehensive working hours system, if enterprises want to implement the special working hours system which is different from the standard working hours system, they need to go through the examination and approval of the labor administrative department first, It's illegal. '

In addition, the 996 working system may also involve illegal overtime. Lawyer Han Xiao said that according to Article 41 of the labor law: "due to the needs of production and operation, the employer can extend the working hours after consultation with the trade union and workers, generally no more than one hour a day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day, but not more than thirty-six hours a month, provided that the physical health of the workers is guaranteed. It can be seen that, in addition to several special circumstances stipulated by law, enterprises are not allowed to force employees to work overtime. If they have to work overtime, they need to obtain the consent of employees and strictly control it within a certain period of time. According to Article 90 of the labor law, if an employer violates the provisions of this Law and prolongs the working hours of a laborer, the labor administrative department shall give him a warning, order him to make corrections, and may impose a fine. '

Lawyer Han Xiao said, "although some Internet companies actually implement similar systems, few companies have made public demands on the system like youzan. Although it is still under investigation whether youzan's 996 working system is illegal, it obviously has not played a positive role in social guidance, but has caused adverse social effects. It is suggested that enterprises should not blindly pursue interests and neglect their own social responsibility when formulating internal related systems. '