"Let's talk about the implementation of the 'double holiday' first! ”
Over the years, holidays, holidays, and travel have become popular topics for netizens in social exchanges. In the comment section of these topics, we can always see such a sentence.
By May 1 next year, China will be 30 years old in implementing the "two-day holiday" system. Today, when this system is about to enter the "year of establishment", there are still many professionals looking forward to a full weekend.
Many deputies and committee members also put forward constructive opinions and suggestions. We invited Jiang Shengnan, a member of the National Committee of the Chinese People's Political Consultative Conference, to talk about it: What is the difficulty in letting office workers have a good rest?
Jiang Shengnan: Member of the National Committee of the Chinese People's Political Consultative Conference.
Researcher of Wenzhou University.
Work can't be stopped!
With the rapid development of social economy, the development of science and technology, transportation, communication and other fields has advanced by leaps and bounds, and the pace of people's life and work is getting faster and faster.
Although the "two-day off" system has long been implemented and promoted, it is often ignored in the highly competitive and efficiency-seeking workplace environment.
Not only "double rest", but all kinds of overtime in the current workplace occupy people's rest time "unscrupulously".
In 2022, a survey report by a recruitment platform shows that 847% of workers still pay attention to work news after work, 405% of workers do not receive any form of compensation for overtime.
This is the right to rest that workers should have, and it is clearly written into the law!
From the Constitution, the Labor Law to some specific implementation measures, the right to rest of workers is defined and provided with legal protection. Not only that, but these laws also provide legal support and remedies for workers when their right to rest is violated.
A "trivia": According to Article 36 of the Labor Law, the daily working hours of workers shall not exceed 8 hours, the average weekly working hours shall not exceed 44 hours, and the extended working hours shall generally not exceed 1 hour per day, and the extension of working hours shall not exceed 3 hours per day for special reasons, and shall not exceed 36 hours per month.
In other words, the once popular "996" system seems to be in line with the "no more than 3 hours of overtime per day", but in fact, it exceeds the legal working hours by nearly 120 hours per month, far exceeding the legal limit of 36 hours.
Even though the law has been stipulated in such detail, in reality, overtime, unpaid overtime, 24-hour standby and other phenomena can still be seen everywhere.
Require employees to be at all times, and let the things they explain on Friday be completed before next Monday, and on the surface, "overtime is not encouraged" but a lot of work is arranged, and even threatens and "PUA" employees ......The list goes on and on.
Why is it so hard to get a good rest?
The root causes of various asymmetries and unfairness in the workplace are complex and diverse, but they are indeed related to the current imbalance between supply and demand between employers and workers. Jiang Shengnan, a member of the National Committee of the Chinese People's Political Consultative Conference, said, "In the case of oversupply of labor, employers often occupy a more advantageous position. ”
As the employer, the employer holds the initiative, and the worker faces multiple difficulties if he wants to rely on it.
The lack of legal knowledge, the high cost of rights protection, and the complexity of the labor arbitration and litigation process are all difficulties faced by workers in protecting their rights. "Even if you realize that your rights and interests have been damaged, you may choose to give up because you are worried about the time and money costs in the process of defending your rights, as well as the impact on your relationship with the employer." ”
Even if they succeed in defending their rights, some workers may face a more difficult job search situation.
Once the applicant has a record of labor rights protection, it is like having a "case record", so that some companies dare not hire again.
However, the company's staffing is insufficient, "less people and more things", and overtime can easily become the "only solution". Some enterprises are poorly managed, the system is not scientific, and "drought and drought and waterlogging death" also make some workplace experts who bear excess workload miserable.
In addition, although the Labor Law clearly stipulates the working hours of citizens, there are still lax law enforcement and non-compliance with the law, resulting in a vicious circle of "bad money driving out good money" among enterprises in an unfair environment.
The imbalance between supply and demand in the labor market is not irreconcilable. Jiang Shengnan said, "By strengthening the supervision and implementation of labor laws and regulations, improving the skills and quality of workers, and improving the transparency of market information, we can gradually realize the healthy development of the labor market." ”
Well-rested is a "win-win".
Over the years, we have seen more and more workers stand up and bravely say no to unfair practices in the workplace.
According to the work report of the Beijing High People's Court, in 2023, Beijing courts will focus on the protection of workers' rights and interests, and 41,526 labor dispute cases will be concluded.
Last year, Jiang Shengnan submitted her proposal on "earnestly implementing the eight-hour work system and protecting the rights and interests of workers" at the National People's Congress and the National People's Congress.
Now, she has a lot of emotion about the changes that have taken place in the past year: "Cases of workers protecting their rights and interests have frequently entered the public eye, such as the Beijing court's inclusion of overtime cases in the year-end report, which shows that more and more workers have begun to pay attention to their legitimate rights and interests, which is a positive trend." ”
At the two sessions this year, Lu Guoquan, a member of the National Committee of the Chinese People's Political Consultative Conference and director of the General Office of the All-China Federation of Trade Unions, will submit a "Proposal on Protecting the Right to Offline Rest of Workers", proposing to "incorporate the right to offline rest into the law and increase the illegal cost of overtime work in enterprises".
The self-awareness of workers is improving, which plays an important role in breaking the chaos in the workplace and promoting the implementation and improvement of laws and regulations. Jiang Shengnan said, "The more cases that protect their own rights and interests, the more conducive it will be to form a deterrent to illegal employment practices." ”
Employers can no longer turn a blind eye to these trends.
The workplace environment is changing, and both employers and workers need to change their mentality. Jiang Shengnan said, "Abide by labor laws and regulations, treat every employee fairly, establish an open and honest communication environment, and respect and protect reasonable salary, working conditions and the right to rest." ”
Of course, we must also see the other side of the "coin" - employers are also facing a more severe external environment than before, and the pressure of competition is increasing day by day.
As a worker, in addition to improving one's own professional skills and legal awareness, it is also necessary to understand the difficulties and challenges of business management, and cultivate good professional ethics and teamwork spirit. Jiang Shengnan said.
Jiang Shengnan pointed out that strengthening the protection of the right to rest is actually a "win-win" situation for enterprises and workers.
The physical health and work safety of employees, satisfaction and loyalty to the enterprise are not only a top asset of the enterprise, but also enable workers to better achieve their career goals and stimulate their enthusiasm for work, thus forming a virtuous circle of emotions and results.
However, the work efficiency of each employee is different, and how to formulate scientific quantitative indicators to improve work efficiency and avoid ineffective labor is a realistic and serious topic for enterprises and workers, and it is also a basic premise for whether workers and employers can achieve a "win-win".
Nowadays, the bills and proposals of the first table and committee members, the precedents of the judicial system, and the improvement of workers' awareness of rights protection ......We can see that the whole society is paying more and more attention to the issue of rest, and the workplace environment is slowly improving.
It's the weekend, I want to take a break", it shouldn't be an unspeakable shame anymore. Work is important, but rest and life are equally important.