Employees are "being overtimed".
WeChat has become an artifact of overtime.
Zhuzhou Evening News Rong ** reporter Xie Jia Wentu.
In the quiet moment of midnight on Friday, as soon as WeChat "Didi" rang, Xiaoqian's heart suddenly tightened.
Sure enough, it was the department leader's inquiry: "Why didn't you read WeChat?" "Just like the soul chasing order, Xiao Qian can only put into work, and the leisure time that originally belonged to the weekend disappeared in an instant.
With the vigorous development of the digital economy and the gradual popularization of new working methods such as working from home and online, "online overtime" has become the new normal in many industries. Recently, the Supreme People's Court clarified that "online overtime" should pay overtime pay.
* Overtime to make the weekend "missing".
On Friday, Xiaoqian's leader assigned a task on the enterprise WeChat at eight o'clock in the morning, but when he saw that the account did not show "read" for a long time, he had to chase it late at night. Xiaoqian could only apologize in a hurry, and turned on the computer to start planning related activities.
For Xiaoqian, this is not the first time she has received a work assignment on the weekend. Since graduating and joining the company, she has hardly had a full, weekend of her own. "When I first interviewed for the job, I was told that I would work overtime until seven or eight o'clock in the evening. Xiaoqian said that after joining the company, she found that this only refers to the time when she leaves the office, and does not mean the end of the work.
Xiaoqian works in the beauty industry in Zhuzhou, and many activities occur on weekends, so she can only be forced to work longer hours. What makes her even more helpless is that leaders work overtime more ruthlessly than ordinary employees, because their wages are calculated based on performance, and they will be dismissed if they have poor data. In Xiaoqian's company, the concept of overtime pay does not exist.
For a while, every time I saw the logo of WeCom on the mobile phone interface, I felt a tight heart. Xiao Qian said helplessly. In order to escape the intrusion of work, she even set the enterprise WeChat to silent mode, but this still can't stop the work news from coming.
With the advent and update of new communication tools, the traditional restrictions on working hours and locations have been broken. The prevalence of remote work has forced more people to be involved in the whirlpool of "overtime". In this day and age, true rest seems to have become a luxury.
The Supreme People's Court clarified "online overtime pay".
In the face of overtime, how to get back your own weekend? Compared with Xiaoqian, Zhuzhou young Wang Miao's choice is: resign. "On the day I left, I deleted more than 30 WeChat groups in one go. Wang Miao said that every time he opened WeChat, he always seemed to be in a state of "being on call at any time", which made people feel pressured.
In the new way of working in the digital economy, how should workers protect their rights?
On January 25, the Supreme People's Court, the Ministry of Human Resources and Social Security, and the All-China Federation of Trade Unions jointly released typical cases involving wage arrears disputes, one of which is as follows: Li joined a cultural media company in April 2020 as the director of short-term operations, but on May 28, the company terminated the labor relationship on the grounds that Li did not meet the employment conditions during the probationary period. Mr. Li first applied for labor dispute arbitration, and then filed a lawsuit, demanding that the company pay overtime pay 196705 yuan, overtime pay on weekends and weekends is 26,331 yuan, etc.
In this case, the people's court determined that the company should pay 10,000 yuan for overtime work; According to the content of WeChat, it was determined that Li had three days off to work, and ordered a cultural media company to pay overtime wages on rest days 551724 yuan.
According to the relevant person in charge of the Supreme People's Court, when the people's court determines the overtime pay for "online overtime", it shall determine the overtime pay of the employee based on the labor provided by the worker and the rest time taken up by the employee, and comprehensively consider the employee's overtime frequency, duration, wage standard, work content and other factors.
Although this is only a judicial decision and not a labor regulation, the SPC's clarification of the principle of "online overtime pay" has well guided the rebalancing between employees and employers, and undoubtedly provided a solid "moat" for employees.
Can't get off the shift, can't finish the performance.
A small number of people chose to defend their rights, and more workers silently "worked overtime".
Xiaowei, a former new ** editor, has a personal experience of overtime. She sighed: "* Overtime, it's not easy to say that I love you." Sometimes, she sends the manuscript to the leader for review in the morning, but she receives a revision suggestion near the end of the day, and has to sacrifice her time to revise it. She once tried to vent her emotions through social **, lamenting the helplessness of this ** overtime.
What Xiaowei didn't expect was that even in the new company, the content of overtime was even more varied.
In the name of releasing work pressure and rekindling work morale, there are no performance indicators and no need to punch in, but people must be on duty on the company's holidays, and semi-mandatory participation in the weekly morning meeting ......These seemingly unrelated contents, however, took up her break time and made her feel suffocated.
Despite this, Xiaowei chose to be patient. She realized that in this seemingly normal company culture, everyone is "addicted", and there are not many people who really rebel.
Another kind of "overtime" comes from the inexhaustible performance set up by the enterprise. Wen Jing, an employee who worked hard to brush up her performance scores, the blame at the morning meeting and the ranking in the DingTalk group chat made her nervous all the time. For that pitiful performance score, she had to work overtime until seven or eight o'clock, and even began to buy coffee out of her own pocket to refresh herself.
In the midst of this exhausting chase, she laughed at herself: "I'm already a mature donkey who can buy himself a whip." ”
When interviewed by reporters, many people sighed that they wanted to return to the time when "cars and horses were slow", and the boundaries between work and life were clear and clear.
Concerns that rights protection is difficult to implement in practice.
The Supreme People's Court clarified that "online overtime pay" is considered from the perspective of workers, which is very comprehensive and considerate. However, many readers and netizens are still worried about this.
Now many units can't even do weekends and weekends, how can we talk about online overtime? Xiao Yan, who works in a food company in Tianyuan District, said that at present, many companies cannot even guarantee basic rest days, let alone the recognition of online working hours and the payment of overtime pay.
How to define online overtime has also become the focus of heated discussions. "Is it considered overtime for the boss to ask a few words when he gets off work? Do you want to pay overtime too? Some netizens raised questions, believing that the definition of online overtime is vague and easy to cause controversy.
Some people are even more worried that it is difficult to implement overtime rights protection in actual operation. "Just listen to it! In the interview, many people believe that the principle of "online overtime pay" is clarified for the first time, but in the specific implementation process, various obstacles may be encountered, resulting in the policy being useless.
The distribution of the burden of proof is also an issue, lawyer Xu Xudong said, "The worker said at home that it took five hours to write an article, and the employer said that one hour was enough, so how to determine the workload?" ”
The reporter searched for relevant cases on the judgment document online with the keywords of "overtime overtime pay WeChat", "overtime overtime pay DingTalk", "overtime labor dispute WeChat Internet" and "overtime pay **overtime" as the keywords in the judgment documents, and saw that in many cases, the judgment did not support compensation for overtime pay, including that the evidence provided by the employee could not directly prove that the overtime was arranged by the employer, and failed to prove the existence of continuous and normal overtime as claimed by the employee.
Reporter's words] The world has worked hard and worked overtime for a long time", behind a joke contains a lot of helplessness. The popularity of smart devices and social networking has made the working mode of "migrant workers" more and more flexible, and the workload and working hours have also increased.
In the digital age, how to protect workers while pursuing high efficiency and high productivity, and seeking the "greatest common divisor" of work-life balance, enterprises and workers need to participate in jointly establishing a sound framework for protecting workers' rights and interests.
Know more] Under what circumstances does the employer have to pay overtime?
According to the relevant laws and regulations of China, overtime pay refers to the wage remuneration paid by the employer to the employee in excess of the employee's normal working hours, which is a component type of wages.
Under what circumstances does the employer have to pay overtime? This is related to the working hours system implemented by the employer. There are three types of working hours system: standard working hours system, irregular working hours system, and comprehensive working hours system.
Under normal circumstances, if the normal working hours are exceeded in the standard working hours system, the employer should pay overtime pay. Enterprises that have been approved to implement irregular working hours are not required to pay overtime pay, but employers who arrange employees to work on statutory holidays shall still pay overtime pay at a rate not lower than 300% of their wages. With the approval of the labor administrative department to implement the system of comprehensive calculation of working hours, the part of the comprehensive calculation of working hours exceeding the statutory standard working hours shall be regarded as extended working hours, and the wages of the extended working hours shall be paid to the workers.
Editor: Qingqi.
Second trial: Dai Ping, Tang Jianhua.
Third trial: Ye Xinfu.