When can the country ban overtime work?

. Forced overtime has long been banned, but labor inspection is difficult. Influenced by China's traditional culture and corporate culture, 996 has also been supported and embraced by many people.

In modern society, overtime has gradually become the norm in industries such as the Internet, and problems such as long-term overtime, frequent staying up late and overwork are becoming more and more common. The voices of Ma Yun and Liu made the "996" working system prevail in the Internet industry, which triggered a heated public debate.

The People's Daily voiced: Advocating struggle does not mean demanding "996". Overtime is an important cause of death from overwork, and overdraft is threatening many people's lives. During the two sessions, CPPCC trade union members also called for curbing excessive overtime and earnestly safeguarding the legitimate rights and interests of workers.

First, compulsory overtime is prohibited by the state, and reasonable refusal of compulsory overtime is also protected by national laws.

Article 41 of the Labor Contract Law stipulates that due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers. Article 43 stipulates: "The employing unit shall not extend the working hours of laborers in violation of the provisions of this Law."

Overtime, also known as extended working hours, refers to the fact that employers require workers to work outside the maximum daily working hours and weekly working days stipulated by laws and regulations after certain procedures. In order to protect workers' right to rest and health, China strictly restricts employers from extending workers' working hours, and the labor law clearly stipulates that employers shall not extend workers' working hours in violation of the provisions of the labor law. 996 obviously exceeded the legal working hours and overtime limits. If the laborer disagrees, it is forced to work overtime, which is in violation of state regulations.

According to Article 25 of the Regulations on Labor Security Supervision, if an employer violates labor security laws, regulations or rules to extend the working hours of laborers, the administrative department of labor security shall give a warning and order it to make corrections within a time limit, and may calculate and impose a fine according to the standard that the infringed laborers are more than 65,438 yuan but less than 500 yuan.

Second, the intensity of labor supervision is still not strong, and the irregular working hours system and the agreement of * * * struggle have increased the difficulty of supervision.

The prevalence of 996 is objectively caused by the lack of supervision and the difficulty in obtaining evidence. First of all, the state stipulates that labor security supervision should take the form of daily inspection, examination of written materials submitted by employers as required, and acceptance of reports and complaints. However, because the daily inspection of many enterprises is not realistic at present, it can only be carried out by reporting, and the intensity is not great.

Secondly, the employer confuses the inspection by adopting various ways, such as not punching cards or flexible working system, implementing comprehensive working system and irregular working system, and signing a struggle agreement to work overtime voluntarily, which increases the difficulty of supervision.

Third, the punishment is small and the illegal cost is low. Only when it is verified, shall it be given a warning and ordered to make corrections. Even the fine is only 100-500 yuan/person.

Third, overtime is related to the influence of our traditional culture and corporate culture, which is the main reason for the prevalence of 996.

Our country has always advocated the spirit and culture of hard work, especially in some enterprises. Many people regard overtime as a symbol of struggle, which is normal psychologically, which makes those who think overtime is unreasonable become "minority", even "alternative" and "minority". This kind of subjective and psychological forced overtime is very powerful!

Objectively, through this spirit of struggle and the 996 Gaba culture, some economic miracles have indeed been created, including the economic achievements of our country and actually the struggles of many people. Through this kind of struggle, many social elites, especially those in new economic fields such as communication and Internet, have gained "financial freedom". However, in the lowest manufacturing army, overtime pay has become their main income because of the low wage level. In the construction industry, I often meet workers who "complain" to God when they stop work because of the weather.

Therefore, although 996 is banned by the state and requires clear punishment measures, it is estimated that the quarrel will continue due to subjective and objective factors.