58 How To Conclude The "996" Working Hours In The Same City?

The recent controversy over the working hours system has aroused heated discussion.

First, WAL-MART strongly pushed the comprehensive working hours system, which led to a strong opposition from employees everywhere, which led to some group labor disputes. Another 58 cities announced the implementation of the "996" working hour system, which also caused employees' dissatisfaction and did not rule out the possibility of further activism.

58 why does the same city need to implement the "996" working hour system in the absence of the labor standard law? What is wrong with the "996 working hour system"?

As we all know, adjusting the economic structure, promoting industrial upgrading, changing the way of development and other policies are the macroeconomic environment of China's current economic development in the new normal.

This macro economic environment determines that it is inevitable for enterprises to reduce labor costs in the process of operation and management.

In fact, the tasks of capacity reduction and cost reduction under the goal of supply side reform have also reflected the trend of economic development and enterprise management.

58 what is the consideration of the implementation of the "996" man hour system in the same city? We can not see from the materials currently available, but reducing the cost of labor is undoubtedly the main motive.

Lengthening employee working hours is equivalent to reducing wage costs and improving employee productivity in disguised form. At the same time, employees are forced to quit their jobs in a disguised manner, thereby reducing the cost of dismissal.

58 the management system of the city's introduction of this working time is fundamentally determined by the macro-economic environment, and the downward force of the economy forces enterprises to reduce costs.

Therefore, in this sense, we should not assert that 58 city and its CEO Yao Jinbo have subjective malice, and even we can believe that 58 cities are "not to be taken as their reasons".

The so-called "996" working hour system is to go to work at 9 a.m. every day, and work at 9 p.m. and work 6 days a week.

People who have common sense of labour law know that this system seems to be related to China's Labor Standards Law.

The benchmarks are conflicting.

The work hour system in our country can be roughly divided into standard man hour system and non standard man hour system.

The standard working hours system must satisfy three elements: daily work should not exceed 8 hours, work no more than 40 hours per week, and rest at least 1 days per week.

Therefore, under the standard working hour system, as long as these three conditions are satisfied, it will not be recognized as overtime work. The non standard working hours system can be divided into comprehensive calculation man hour system and irregular working hour system.

58 when the standard working hours system was adopted in the same city, it announced the implementation of the "996" working hour system, and whether there was any violation of labor legislation. At this time, two questions about overtime work need to be further analyzed. First, if the implementation of the "996" working hour system, what is the overtime time of 58 employees in the city? Second, if employees agree to the "996" working hours of 58 cities, and 58 cities are willing to pay overtime according to the law, is the system illegal? If 58 cities are to stipulate the working hours in the morning, afternoon and evening separately, such as 3 hours in the morning, 3 hours in the morning, an hour in the afternoon, and an hour in the evening, then only Saturday is overtime or daily.

1-2 hours, that is to say, at this time, even overtime work has not broken through the provisions of the Labor Standards Law; for example, the 58 city stipulates that the working hours are from 9 a.m. to 9 p.m., even if 58 cities are willing to pay overtime fees, which is also a violation of the benchmark regulation of "no more than 3 hours a day".

According to the above analysis, the "996" working hour system in 58 cities is illegal under the condition that employees do not agree and employees agree, but overtime time exceeds the statutory standard. But when employees agree and overtime time does not exceed the statutory standard, it will be feasible.

The author believes that even if the 58 cities even set the "996" working hour system within the statutory standard, they must also be subjected to a coherent torture.

In accordance with the requirements of labor regulations and legislation and employment management, the implementation of the "996" man hour system must be regulated in the following management links:

First, the labor regulations in the labor regulations should be revised.

The labor hour system concerns the vital interests of laborers, and its contents and procedures must be legal, that is, democratic procedures should be formulated and effectively publicized to workers.

However, the 58 city only announced the implementation of the "996" working hour system from September 1, 2016, which is obviously not revised through democratic procedures and effectively publicized to the workers.

Second, step by step, even if the 58 cities have fulfilled the revised working hours system.

It is also necessary to change the labor contract.

The sixteenth article of the interpretation (two) of the Supreme People's Court on the application of law to the trial of labor dispute cases (two) stipulates that: "the internal rules and regulations formulated by the employer are not consistent with the contents stipulated in the collective contract or the labor contract, and the people's court shall support the people's court for the priority of the application of the contract."

Therefore, 58 cities must negotiate with their employees to change the labor contract, otherwise, employees can advocate giving priority to the original labor contract.

After years of development, the 58 city has become China's largest local life service platform, covering various fields such as recruitment, real estate, automobile, finance and life services.

We notice that the first core value of the 58 city corporate culture is "user first". The core values of employee management include "active collaboration" and "learning growth".

However, under the background of the "Internet +" era, as an Internet platform company, it is understandable to regard "user first" as the core value. But what is the realization of "user first" value? Relying on capital or staff? 58 city as a service industry and in the era of Internet asset operation, employee loyalty and satisfaction determine and ensure customer loyalty and satisfaction.

Therefore, the author believes that the 58 city announced the implementation of the "996" man hour system. First of all, whether it is legal or not, there is no sincerity and necessary humanized management method alone for its communication with employees.

This is actually contrary to corporate culture. The reason is very simple. How can employees who are in a dissatisfied and emotional state care for their customers conscientiously?