I still remember when I was a child, there was no such thing as a "small long holiday", and May Day and Eleventh were all seven-day holidays, which are the so-called "May Day Golden Week" and "National Day Golden Week".
But since 2008, the May Day holiday has been shortened to five days, and the May Day Joy has become the tears of the times.
Now that the holiday has been pushed to the forefront by public opinion, the masses have a lot of complaints about the holiday system.
After investigation, it was found that the proposal to change 7 days into 5 days during the May Day holiday was actually written by an economist at Tsinghua University.
The shrunken "Seven Days of Happiness"
In the past, during Golden Week, everyone liked to watch a variety show on TV, called "May 17 Happiness" and "National Day Seven Days of Music", in order to spend a happy holiday.
With the reform of the mainland holiday system in 2008, this happiness has also become the tears of the times.
Why should 7 days be shortened to 5 days? Many people had the same question, and then people found out that the author of this proposal was Cai Jiming, a doctor of economics from Tsinghua University.
Cai Jiming graduated from Nankai University with a doctorate degree in economics, enjoys special government allowances from the State Council, and is a member of the National Committee of the Chinese People's Political Consultative Conference.
In 2006, he submitted a proposal to the State Council to cancel the May 17 holiday.
Professor Cai Jiming believes that the benefits of the seven-day Golden Week holiday are no longer comparable to its drawbacks.
During the seven-day holiday, China's traffic pressure will be enormous, workers will take a break to affect the productivity of enterprises, and attractions will be overcrowded, even if the travel experience of tourists will be bad.
In order to alleviate the pressure caused by all aspects of the long holiday, he suggested that the May Day and National Day holidays should be shortened and allocated to other times.
In 2007, the National Development and Reform Commission (NDRC) issued a draft for comments on the adjustment of national holidays, which adopted the content of canceling the May Day Golden Week.
The State Council issued a holiday notice for 2008, and from 2008 onwards, the May Day holiday was shortened from 7 days to 3 days.
As soon as this incident came out, it quickly attracted widespread attention from the masses, and Professor Cai Jiming's suggestion instantly became the target of public criticism.
In this regard, Professor Cai Jiming explained that the longer the holiday, the better, and it should be reasonable and scientific.
If everyone travels together, it will not only affect the hotel and traffic, but also reduce the production of the factory and affect the operation of the enterprise.
And Cai Jiming's suggestion was that May Day was canceled even with the seven-day holiday of the National Day, and only May Day was realized.
Online denunciation
Now that the dust has settled, the wood has been completed, and the fact that the vacation has been shortened, the angry public can only complain on online forums, and even directly insult and slander Professor Cai Jiming himself.
According to Cai Jiming himself, someone in Baidu Tieba has published his personal information, he receives anonymous phone calls every day, and his family is afraid to tell others that they have a relationship with him.
Cai Jiming felt very aggrieved, he just put forward his opinion, the matter of changing the holiday was not something he could decide alone, and the anger about the shortening of the holiday should not be borne by him alone.
And Baidu's "Cai Jiming Bar" provides a platform for netizens to denounce themselves, infringing on their legitimate rights such as portrait rights and reputation rights.
Many of these posts made public Tsai's personal information and personally attacked him, as many as 3,000 of them, including statements that threatened his personal safety.
In 2010, Cai Jiming sued Baidu in court, demanding that Baidu delete abusive posts, close "Cai Jiming", publicly apologize for two years, and pay 2 million yuan in compensation for moral damages.
Baidu, on the other hand, believes that more than 200 people use the name "Cai Jiming" in China, which is not exclusive.
Posts that violate the rules, such as abusive and personal attacks, have been deleted.
There is no way to talk about the invasion of privacy, because Professor Cai Jiming's identity information is publicly announced on the official website of the Center for Political Economy of Tsinghua University all the year round, and Cai Jiming himself has participated in media interviews many times after the holiday reform plan was passed.
Baidu itself is only the operator of Tieba, not the publisher of the speech.
Therefore, Baidu Tieba did not infringe on privacy, and refused to close the "Cai Jiming" closed post bar, and there was no fault liability.
In the end, the court ruled that most of Cai Jiming's claims were dismissed, and Baidu was required to provide information about the Internet users who posted the abusive posts.
Not only to take a holiday, but also to be deducted!
Every year during the holidays, the topic of compensatory holidays will rush to the hot search.
In the final analysis, it is not that Chinese hate to take holidays, but that there are too few holidays!
Although on paper, the mainland holiday time is as high as 115 days, and almost a third of the time is rested, but in fact, how many companies actually implement the relevant regulations in accordance with the Labor Law of the People's Republic of China?
According to Chapter IV and Article 36 of the Labor Law, the State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
If you work 8 hours a day, the "big and small weeks" with single and double days off, or 1.5 days off per week, you are already stuck on the edge of the law.
Most of the so-called "single leave" does not comply with the provisions of the Labor Law.
Assuming 8 hours a day, 6 days a week, it is already 48 hours, and if the company does not pay extra overtime, it is illegal.
Regarding statutory holidays, it is not stipulated that there is only one day off on May Day and only three days off on National Day, but in accordance with the 2024 holiday arrangement issued by the General Office of the State Council.
Take this year's May Day holiday in 2024 as an example, the holiday is 5 days from May 1 to 5, including April 28 and May 11.
These five-day holidays include 1 day off on the last Sunday of Labor Day, plus 1 day off on Labor Day, plus 2 days off this week on Labor Day, plus 1 day off next Saturday on Labor Day, for a total of 5 days.
It can be seen that according to the holiday arrangement issued by the State Council, it is based on weekends and weekends, and this notice is regardless of the company's single holiday, double holiday, or large and small week.
In other words, companies with single days off should also implement the provisions of double days off.
From May 1st to May 5th, there are 5 days off, and 3 days of work except for 2 days off, which is the holiday of Labor Day plus the weekend of this week.
However, some companies try their best to violate the "company regulations" and encroach on employees' rest time.
It is not appropriate to add only one day off in the current month.
For example, if a "single-day company" is closed on Sundays, the company only takes 4 days off on the grounds that May 11 is a Saturday and is a normal work, and the compensatory leave on May 11 is regarded as normal work, which is also not in accordance with the regulations.
However, in the face of a complicated rights protection process, many workers who are taken advantage of usually choose to give up their rights protection.
However, the provisions of article 32 of the Labour Code may be noted.
The employee may take the initiative to notify the employer to terminate the labor contract, and if the employer commits any illegal act under Article 91, the employee may also claim the payment of economic compensation.
For example, if you do not take a break or pay overtime according to the regulations on statutory holidays, this situation is in line with this situation.
Article 47 of the Labor Contract Law of the People's Republic of China stipulates that severance shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year, and if it is less than six months, the worker shall be paid half a month's salary.
Therefore, at least half a month's salary should be paid.
Resources
Who "invented" the compensatory leave, and why do people complain about the compensatory leave? -- The Beijing News
Participants in the two-day holiday policy talk about compensatory leave: the implementation of annual leave and two-day rest is more important than increasing the leave (ifeng.com)
Tsinghua professor's infringement case against Baidu was dismissed Judge: Internet regulation is very important - Beijing Evening News