Forcing Employees To Rotate Duty Units In The Spring Festival Constitutes Forced Labor?

Recently, Ceng Minjuan told reporters that she did not agree to stay on duty during the Spring Festival this year, and was criticized by department managers.

She believes that as an employee, she has the freedom to choose to work or not to work during the statutory holidays. The company has to force her to participate in the Spring Festival duty.

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Ceng Minjuan said that the notice issued by the company stipulates that in order to ensure the safety of property during the Spring Festival holiday, the decision of the company's decision makers has decided that all staff members who are close to home must take turns to be on duty for two days.

Duty officers may choose to take turns off after the Spring Festival, or they can choose to receive overtime pay, and overtime wages are paid according to the standards prescribed by the state.

And she wanted to spend more time with her boyfriend during the holidays and found that she was assigned to be on duty and declined to the company.

However, the company adheres to the contents of the notification.

In one breath, Ceng Minjuan asked for resignation on the grounds of forced labor by the company, and demanded the company's economic compensation for the termination of the labor contract.

Although the company agreed to her resignation, she refused to pay the economic compensation because the company did not force her to work.

"Does this act constitute forced labor? If this is not the case, what kind of situation is forced labor?" from Ceng Minjuan's point of view, the company's behavior does not constitute forced labor.

Because,

"The forty-sixth provision states:" under one of the following circumstances, the employing unit shall pay the economic compensation to the laborer: (1) the laborer shall terminate the labor contract in accordance with the thirty-eighth provision of this law. "

The thirty-eighth and second paragraphs of the law point out: "the employing unit forces laborers to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or coercion the dangerous work to endanger the personal safety of the workers, the laborer can immediately rescission the labor contract without giving notice to the employer in advance."

That is to say, as long as the employing unit has one of the circumstances listed above, the laborer has the right to resign immediately, and the employer must pay the economic compensation to the laborers in accordance with the working life of the laborers in the unit and pay the wages for one month at a full year. Six months or less are counted by one year, and those who are less than six months are paid by half a month's wages.

In connection with the case, whether Ceng Minjuan can get the economic compensation for the dissolution of the labor contract from the company depends on whether the company's behavior constitutes a "forced labor".

The so-called forced labor refers to the fact that the employer violates the wishes of the laborers, forcing the laborers to perform excessive physical strength or long time work without giving rest time, or forcing them.

Labor without giving or receiving only a small amount of remuneration.

Correspondingly, the behavior of Ceng Minjuan's company does not have the corresponding elements: on the one hand, based on the Spring Festival holiday, in order to ensure the safety of the property, the company decided to let all the staff close to home take turns to be on duty, which is the normal work arrangement of the company. It is also a manifestation of its normal operation and management autonomy, and it has not been coerced by illegal means such as violence, threat or illegal restriction of personal freedom.

On the other hand, although the company's arrangement violated Ceng Minjuan's personal wishes and does not belong to the statutory working hours, it has made it clear that duty officers can choose not only to take turns off after the Spring Festival, but also to pay overtime wages according to the relevant standards stipulated by the state.

This shows that there is no "no rest time" and "no pay or only a small amount of compensation".

Besides, duty is different from production, and there is no case of excessive physical labor.

Therefore, the company's practice is permitted by law.

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