Recently, an e-commerce company announced that it will implement the "996 working system" in the future, that is, the daily normal working hours will be adjusted from 9:30 to 21:00. In case of emergency projects, it will work six days a week and the daily working hours will be longer. This arrangement has caused dissatisfaction among employees. However, Ma Yun and Liu qiangdong, the domestic Internet tycoons, seem to highly value this kind of work system. They think that young people should work hard. Do you think the 996 work system is legal?
Enterprises shall not create their own working hours system without approval
Article 36 of the labor law of the people's Republic of China clearly stipulates that "the State implements a working hour system in which the daily working hours of workers are not more than 8 hours and the average weekly working hours are not more than 44 hours. This working hour system is called the standard working hour system.
For some enterprises that cannot implement the standard working hour system due to the characteristics of production, other methods of work and rest may be implemented with the approval of the labor administrative department. According to Article 3 of the measures of the Ministry of labor for the examination and approval of enterprises to implement the irregular working hours system and the comprehensive working hours system, 'other working and rest methods' mainly refer to the comprehensive working hours system and the irregular working hours system. Among them, the comprehensive working hours system takes month, quarter and year as the calculation cycle, and the average daily working hours and weekly working hours in a calculation cycle should be basically the same as the standard working hours system.
Due to the production characteristics, special needs of work or the scope of responsibilities, the posts that cannot be measured according to the standard working hours or need mobile operation can implement the irregular working hours system, which is the only working hours system not limited by the standard working hours. However, it should be pointed out that the irregular working system is only applicable to some special positions clearly stipulated by laws and administrative regulations, such as senior managers, salesmen, taxi drivers, etc.
In China, employers are not allowed to create a working hour system without the approval of the labor administrative department. Therefore, the e-commerce enterprises involved in the above news can implement the irregular working hour system in some special positions clearly stipulated by laws and administrative regulations. However, if the normal working hours of all employees are set at 9:30 to 21:00, it is obviously in violation of the working hour system stipulated by laws and administrative regulations The relevant provisions of.
2. It is illegal to arrange employees to work overtime
In real life, many enterprises implement the "996 work plan" in disguised form by arranging employees to work overtime. Enterprises do have the right to arrange employees to work overtime, but the exercise of this right should be strictly restricted by laws and regulations.
Article 41 of China's labor law clearly stipulates that "due to the needs of production and operation, the employer may extend the working hours after consultation with the trade union and workers, generally no more than one hour per day; if the employer needs to extend the working hours for special reasons, the extended working hours shall not exceed three hours per day, but no more than 36 hours per month, under the condition of ensuring the health of workers. '
Under the following circumstances, the extended working hours shall not be restricted by the provisions of the Labor Law mentioned above: first, in case of natural disasters, accidents or other reasons, which threaten the life and health and property safety of workers and need emergency treatment; second, in case of failure of production equipment, transportation lines and public facilities, which affect production and public interests and must be repaired in time; third, in case of failure of production equipment, transportation lines and public facilities, which must be repaired in time; Third, other situations stipulated by laws and administrative regulations. That is to say, the employer shall not extend the working hours of workers in violation of the provisions of the labor law. In addition to the occasional situations clearly stipulated by laws and regulations, such as endangering personal and property safety and affecting public interests, the enterprise shall not extend the working hours of workers more than 36 hours per month, let alone normalize overtime.
It is worth noting that the provisions of labor law on extending working hours are prohibitive norms, that is, they are mandatory legal provisions, and the labor contract that violates the mandatory provisions of laws and administrative regulations is invalid or partially invalid. That is to say, in the labor contract, the employer and the employee clearly agree that the monthly overtime time can exceed 36 hours, which is also an invalid clause and cannot obtain the support and protection of the law.
The cost of breaking the law is high, and it is more cost-effective to abide by the law
The employing unit shall strictly implement the labor quota standards and shall not force or in disguised form force workers to work overtime. If it is necessary to arrange overtime work, overtime pay shall be paid to the workers in accordance with the relevant provisions of the state.
For the payment method of overtime pay, according to the provisions of the labor law, under one of the following circumstances, the employing unit shall pay wages higher than the normal working hours of the workers according to the following standards: first, if the workers are arranged to extend their working hours, they shall pay no less than 150% of the wages; The second is to pay no less than 200% of the salary if the workers are arranged to work on the rest day and can not arrange compensatory leave; the third is to pay no less than 300% of the salary if the workers are arranged to work on the legal holiday. Obviously, arranging employees to work overtime for a long time does not necessarily improve the work efficiency of the enterprise, but may greatly increase the employment cost of the enterprise.
If the employer arranges overtime but does not pay overtime pay, the laborer may request the labor administrative department to order the employer to pay within a time limit according to the relevant provisions of the labor contract law; if the employer still fails to pay within the time limit, it may also produce additional compensation of more than 50% and less than one time of the overtime pay payable; the laborer may also request to terminate the labor contract with the employer and claim to terminate the economic compensation of the labor contract.
In addition, if the enterprise illegally extends the working hours of workers, it will also face a fine. According to the labor law, if an employer violates the regulations and prolongs the working hours of a laborer, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine. According to the regulations on labor and social security supervision, if an employer violates the labor and social security laws, regulations or rules to extend the working hours of workers, the labor and social security administrative department shall give a warning and order it to make corrections within a time limit, and may impose a fine according to the standard of 100 yuan to 500 yuan per worker. '
From this point of view, the long-term overtime arrangement not only greatly increases the cost of employment, but also may be punished by the labor administrative department for violating the law, bear unnecessary punitive expenses, and lead to the decline of social evaluation of the enterprise, damage the reputation of the enterprise. In the face of fierce market competition, enterprises should choose legal ways such as encouraging invention and creation, innovating working methods and perfecting reward mechanism to improve employees' work efficiency and enhance their market competitiveness.