The topic of "996 working system" in the Internet industry continues to ferment. The so-called "996 working system" means going to work at 9: 00 a.m. and leaving work at 9: 00 p.m., working six days a week. In this regard, lawyers said that enterprises need to pay corresponding overtime pay for employees to work overtime, and regardless of whether overtime pay is paid, they must also abide by the working hours system in the Labor Law, and it is illegal to force employees to "996".

　　Overtime phenomenon

　　No performance can be achieved without overtime.

　　Task-topping employees take the initiative to work overtime

　　According to a survey by Beijing Youth Daily reporter, in the Internet industry, employees generally work about 10 hours a day, and the core departments such as software development work overtime most seriously. "996" or "10, 10, 6" is a common occurrence, and it is more necessary to stay in the company when new projects are launched and systems are updated.

　　Some employees also said that although the company does not force off-duty hours or punch in, it will bear a serious KPI (performance appraisal) burden on employees.

　　A software engineer of a large Internet company said that most of the time it is caused by too much pressure and too many tasks. "There are too many things to do, and you can’t finish your performance without working overtime."

　　Some employees also said, "Basically, during normal working hours, work is definitely endless. There is no need to punch in at all, and everyone is very desperate. "

　　Meal supplement and car supplement encourage overtime in disguise.

　　Some companies don’t require overtime, but they will encourage overtime in disguise. For example, some companies will provide "meal supplements". If you work overtime until 9 o’clock, the company will distribute 15 yuan’s supper supplements; Other companies offer "compensatory time off". If you work overtime late or work overtime on weekends, you can choose to take a day off.

　　Other employees said that the company encouraged overtime in the form of "welfare". For example, the free dinner will be arranged at 7 o’clock, which invisibly delays the dinner time and prolongs the working hours in the afternoon; Other companies open an express corporate account, and only when they use this account to take a taxi after 9: 30 pm and the starting point is the company can they enjoy the free taxi service, thus encouraging employees to work overtime in disguise.

　　Overtime objectively reduces hourly wages.

　　According to the survey, most companies have no "overtime pay". This means that employees work 10 hours or even 12 hours a day. If their wages remain unchanged, their hourly wages will decrease with the extension of working hours. According to the data directly employed by BOSS, the average salary of Internet employees in Beijing, Shanghai, Shenzhen, Guangzhou, Hangzhou and other cities last year exceeded 10,000 yuan.

　　If an employee with a monthly salary of 15 thousand yuan, according to the 22-day working system, the daily salary is 681 yuan, according to the 8-hour working system, the hourly salary is 85 yuan; However, according to the 12-hour working system, the hourly wage is 56 yuan. If you work six days a week and 26 days a month, your daily salary is 576 yuan. Under the "996" working system, your hourly salary is 48 yuan, which is nearly half less than the hourly salary of employees who leave work on time.

　　Interpretation by lawyers

　　Even workers who pay overtime must volunteer.

　　The "996" working system violates the law.

　　Lawyer Gala of Shanghai Lanting Law Firm told the reporter of Beiqing Daily that according to the provisions of the Labor Law, according to the working hours of 8 hours a day, employees should go to work at 9: 00 in the morning, generally rest for 1 hour at noon, and the off-duty time of employees should be 18: 00; If the dinner break is calculated as 1 hour, the time from 19: 00 to 21: 00 is the overtime time of the day.

　　In this way, employees working in "996" have to work overtime for 2 hours every day from Monday to Saturday, which is obviously inconsistent with the legal provisions of "the average working time per week is not more than 44 hours" and "the extended working time per month is not more than 36 hours". In other words, if the company enforces the "996" work system, it is against the law. Workers have the right to refuse to work overtime in violation of mandatory requirements stipulated by law.

　　Overtime must be paid.

　　Lawyer Yu Chao of Jingheng Law Firm Shanghai told the reporter of Beiqing Daily that according to the law, the working hours of workers are no more than 8 hours per day and the average working hours per week are no more than 44 hours; The extension of working hours needs to be negotiated with the workers, which can not exceed 3 hours per day and 36 hours per month at most. And overtime must be paid. Overtime on weekdays is 150% of wages, and overtime on rest days is 200% of wages. If the company arbitrarily extends the working hours of workers, arranges overtime work on weekends, and does not pay overtime pay to workers, then it violates the relevant provisions of the Labor Law.

　　Employees take the initiative to work overtime without paying overtime.

　　Lawyer Gala also said that if the unit arranges employees to extend their working hours, it is overtime in the legal sense, and the unit should pay overtime or take a break according to the law; However, if the employee works overtime voluntarily and does not belong to the legal meaning, the unit does not need to pay overtime.

　　Zhao Hu, a partner of Zhongwen Law Firm, also said that if employees take the initiative to work overtime, it is not illegal. "Therefore, it can only be verbal encouragement, and the decision is still up to the employees. If the enterprise decides, it will be illegal."

　　Whether to pay overtime should abide by the working hour system.

　　If an enterprise uses the mode of "encouragement" to force employees to work overtime in disguise, for example, if the company demotes, reduces wages, punishes or dismisses employees because they refuse to work overtime, employees can complain to the administrative department of labor security or apply for labor arbitration to safeguard their legitimate rights and interests.

　　"The company can’t because ‘ 996’ Dismissal of uncooperative employees, if the company dismisses employees because of this, it is illegal and invalid. This has nothing to do with whether to pay overtime, because whether to pay overtime or not, we must abide by the working hours system in the labor law. If the employee is dismissed for this reason, this notice is invalid, and the employee can apply for labor arbitration to determine that the notice is invalid. "

　　Pan Helin, a postdoctoral fellow in applied economics at the Chinese Academy of Fiscal Science, told the reporter of Beiqing Daily that according to the relevant provisions of the labor law, under the condition of ensuring the health of workers, the extended working hours should not exceed 3 hours per day and 36 hours per month. In the case that employees work overtime, even if employees are willing to work voluntarily, there will still be certain employment risks in the enterprise, including the risk of labor supervision and inspection, the risk of being informed criticism and fined, the risk of being reported and the risk of arbitration and litigation. This group/reporter Wen Wei’s picture comes from the Internet.

　　Boss voice

　　Ma Yun: "996" for wages is hard to last.

　　On April 11th, Ma Yun, Chairman of the Board of Directors of Alibaba Group, said, "Can you do ‘ 996’ It is a great blessing. How can you achieve the success you want if you don’t make efforts and time to surpass others?

　　On the afternoon of the 12th, Ma Yun once again publicly talked about "996" at the Weibo, saying, "No company should and cannot force employees ‘ 996’” Alibaba has always advocated, "But young people themselves should understand that happiness is a struggle! Not for ‘ 996’ Defend, but pay tribute to the strugglers! "

　　At noon on the 14th, Ma Yun talked about "996" for the third time, saying that his opinions about "996" within the company a few days ago were constantly criticized; But "what we lack is truth, truth and thought-provoking words." Ma Yun also said that it is difficult for people who "996" for overtime pay to last.

　　Liu Qiangdong: Not mandatory, but JD.COM people should have the spirit of hard work.

　　On the evening of 12th, Liu Qiangdong, Chairman and CEO of JD.COM, also talked about the topic of "996" in his circle of friends. He recalled his entrepreneurial history and mentioned that "JD.COM will never force employees ‘ 995’ Or ‘ 996’ But everyone in JD.COM must have a fighting spirit! " He said that he is "8116+8" (Monday to Saturday, he works from 8 am to 11 pm, works for 8 hours on Sunday, takes two days off every month, and takes a long vacation every year), enjoys the pleasure of working, and is willing to find a brother who works hard for his ideal together.

　　Expert opinion

　　The feast of high profit margin in the Internet industry is coming to an end.

　　Why do Internet tycoons openly express their support for the spirit of "996" at this node? Ge Jia, an Internet observer, told the reporter of Beiqing Daily, "Big bosses push and think that they are politically correct ‘ 996’ It can only prove that the feast of high profit margin in the Internet industry is coming to an end, and it is increasingly difficult for them to obtain high profits from users. However, the high growth has to continue or the stock price will not look good, so we have to target employees and urge them to accept ‘ 996’ So that enterprises can produce higher benefits. Put this Internet tycoon on ‘ 996’ It is appropriate to call it the last cry of the Internet industry to bid farewell to the golden age. "

　　Some people think that this is a disguised layoff of employees who don’t have the spirit of struggle. Internet critic Lan Xi said, "In a company, people who are very motivated generally don’t quit at this time, but those who are usually slack may not be able to stand quitting, so enterprises can achieve their goals more effectively: to lay off a group of employees without paying extra costs and re-integrate the company’s combat effectiveness."

　　Related comments

　　Advocating struggle does not mean forcing "996"

　　Yesterday, People’s Daily also commented on the topic of "996". The commentary said that the compulsory implementation of "996" can not only solve the problem of "entrusting — The problem of "agency" will also contribute to the ills of "loafing". From the perspective of entrepreneurs and entrepreneurs, their spirit of extreme struggle is valuable, but considering the different positions of ordinary employees, it is not only the arrogance of enterprise managers, but also unrealistic and unfair to force them to instill "996" overtime culture.

　　In fact, this involves the core problem of enterprise management: how to motivate employees to the maximum extent? Taking the length of overtime as an incentive means is certainly the easiest way, but it is obviously not the most effective way. The discussion triggered by "996" is an opportunity to reflect on the corporate culture and management mechanism of the Internet.

　　The commentary also said that no one does not understand the truth of "no pains, no gains", but advocating struggle and advocating labor does not mean compulsory overtime. Hard work is a struggle, and skillful work is also a struggle; Extending working hours is a struggle, so is improving efficiency. Therefore, employees who oppose "996" should not be labeled as "muddling along" and "not struggling", but should face up to their real demands.