"Capricious" Requires Employees To Work Overtime To Touch The Legal Bottom Line.

Overtime is not terrible.

This is a problem for everyone who works.

Working overtime may be due to the failure to complete the tasks that should be completed within the prescribed time, or because of the temporary and unexpected events that need to be dealt with. Such overtime is unavoidable.

But if overtime has become a routine, even a company's written or unwritten rules and regulations, it will be a difference.

Recent news has revealed that an Internet company requires all employees to adopt the "996 working system" in an oral way, and there will not be any form of subsidy for all overtime work.

The so-called "996 working system" means working at 9 a.m., leaving work at 9 p.m. and working 6 days a week.

The news quickly raised a heated discussion on the Internet.

In fact, the implementation of such a system is far more than this enterprise.

Rules and regulations are enacted by law to employers.

The fourth provision of the labor law of the People's Republic of China stipulates that the employing units should establish and improve rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfil their labor obligations.

From the formulation of the above legal provisions, we can make it clear that enterprises can formulate any rules and regulations that are implemented within the enterprise, provided that they are within the framework permitted by law.

In other words, enterprises have the right, but they should not be "capricious".

Clearly stipulates: the State implements a working hour system whose workers do not work more than eight hours a day, and the average working hours are less than forty-four hours per week.

Due to the needs of production and operation, the employer can extend the working hours after consultation with the trade unions and workers. Generally, no more than one hour per day. For special reasons, it is necessary to extend the working hours. Under the condition of ensuring the health of the workers, the extension of working hours should not exceed three hours per day, but not more than thirty-six hours per month.

Workers who work under the "996 working system" have to work for eleven hours a day, except the lunch break time. The working time has reached sixty-six hours per week, which is more than the upper limit stipulated by law.

Although People's Republic of China

"The forty-second section also provides for exceptions to extend the working hours without restriction. That is, when natural disasters, accidents or other factors threaten workers' lives and health and property safety, they need urgent handling. Failure to produce equipment, pportation lines and public facilities, and affect production and public interests must be promptly repaired.

However, one of the Internet companies has not been authorized by the labor administrative department, and the Internet information service is not an exception.

It is illegal to work overtime overtime seriously, but not paying overtime pay is a mistake.

The company tried to enforce the "996 working system" in the form of "oral notice".

In this regard, insiders pointed out that oral notification is also a form of company management, and it can not be denied the actual binding force because it is not formally written.

In case of litigation disputes, workers can claim their demands as long as they can prove the fact of overtime.

In the fourth Plenary Session of the 18th CPC Central Committee, the Party adopted the decision on comprehensively promoting several major issues of governing the country according to law, and proposed that all kinds of illegal activities should be punished according to law and law enforcement efforts should be strengthened in the key areas of vital interests to the masses.

The departments concerned should put the grievances of the broad masses of workers in mind, support the disadvantaged labourers, let those who trample on the law pay the price they should pay, take the initiative and act as the authorities, intensify the enforcement of the law, and give the workers a favorable environment for employment.