“996”和“007”都违法！人社部最高法明确了丨New regulations protect workers

导读 

一些企业的“996”“007”式工时制饱受诟病，加班费也成为劳资纠纷当中的一个常见矛盾点。员工说自己加班了，单位却矢口否认，谁来承担举证责任？入职时员工跟公司许诺“要奋斗，不要加班费”，公司就可以不支付加班费了吗？

对于这些难解的问题，人力资源和社会保障部、最高人民法院联合发布的《第二批劳动人事争议典型案例》当中给出了明确答案。

Let's consider the following case.

Zhang joined a delivery company in June 2020. The labor contract included a probationary period of 3 months with a monthly salary of 8,000 yuan. The delivery company's rules and regulations state that the working hours are from 9 am to 9 pm and 6 days a week.

Two months later, Zhang refused overtime on the grounds that the working hours seriously exceeded the legal limit, the company terminated his contract since he had been proved to be not in line with the conditions of employment during the probationary period.

Zhang applied to the Labor and Personnel Dispute Arbitration Commission for arbitration, requesting an award of 8,000 yuan for his illegal termination.

According to China's Labor Law, the standard working period is eight hours per day and a maximum of 44 work hours per week. The business' "996" regulation seriously violated the provisions of the law on the maximum limit of allowed working hours, making it invalid. 

In this case, Zhang eventually got a compensation of 8,000 yuan ($1,233).

Recently, overtime in some industries and enterprises have been widely discussed publicly. Some businesses put “996” work schedule into practice, where employees are encouraged to work from 9 am to 9 pm six days a week.

However, there have been calls in China to ban the "996" work schedule as mandatory overtime culture has swept through many technology businesses, including companies in the online services and e-commerce sectors, affecting a large number of people.

On Aug 26, The Supreme People's Court (SPC) of China and the Ministry of Human Resources and Social Security jointly released a guideline illustrating 10 typical cases of overtime work, stipulating that the "996" overtime work policy is illegal. The two departments formulated legal standards for the disputes regarding working shifts systems, overtime compensations, paid holidays and workers' rights and interests.

These cases highlight three issues: if you refuse to work overtime, can the unit fire you? Is the "Give Up Overtime Pay" approach valid? How do employers pay overtime and how long before overtime hours become unreasonable?

The two departments said overtime work in some industries has attracted widespread attention recently. Workers are entitled to remuneration, rest and vacation in accordance with the law and it is the legal obligation of employers to abide by the national working hour system, said the departments.

Overtime work would bring labor disputes and affect the harmony of labor relations and social stability. Therefore, the two departments attached great importance to this issue and decided to strengthen the procedures for arbitration organs and people's courts in handling cases, and unify the standards of adjudication, according to the joint guideline. 

The two departments jointly released typical cases to the public to remind employers of the risks of illegal behavior and guide workers to rationally protect their rights according to the law.

编辑：商桢

实习生：陈一驰

来源：环球时报 中国日报  央视新闻

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