April 28th
Topic "5000 yuan salary 46 work groups"
Topped the hot search lists of Weibo and Baidu
caused netizens to complain wildly
Many netizens shared their own
Number of work group chats
One in the comment section
Suffering from "online invisible overtime" for a long time
The modern workplace
The boundaries between work and life are blurring
Nominally "off work"
But invisible overtime anytime, anywhere
It has become the norm for many people
Invisible overtime means that you have to complete work tasks during breaks, and use the Internet and communication software to work overtime anytime and anywhere.
This kind of overtime completely mixes working time with personal time, and cannot enjoy overtime pay, so that employees are unconsciously "overtime".
"A salary of 5,000 yuan and 46 work groups" reflects the problem that the overtime system of employers needs to be standardized.
For the first time in this year's "two supremes" report, such terms as "invisible overtime" and "offline rest rights" appeared. The "invisible overtime" labor dispute case was also selected as one of the "Top 10 Cases in 2023 for Promoting the Rule of Law in the New Era", which is the first case in the country to clarify the issue of "invisible overtime" in a judgment document, and for the first time to put forward relevant identification standards for the use of social media such as WeChat for invisible overtime.
Case review: the first case in the country
"Employees replying to work messages after work hours are considered overtime"
Li Xiaomei (pseudonym) joined a technology company in Beijing as a product operator on April 1, 2019, and the two parties signed a labor contract until March 31, 2022, in which it was stipulated that Li Xiaomei would implement an irregular working hours system.
Later, due to overtime, a labor dispute arose between the two parties. Li Xiaomei submitted the "Holiday Community Official Account Duty Schedule", WeChat chat records, and DingTalk punch records, saying that she often uses social software to communicate with customers and employees after work or on holidays, and the company should pay her overtime pay.
The company believes that when Li Xiaomei is on duty on her rest days, she is mainly responsible for answering the occasional questions raised by customers in the customer base, and does not work overtime.
Beijing No. 3 Intermediate People's Court:
WeChat works beyond simple communication
It is considered overtime
After hearing the case, the Beijing No. 3 Intermediate People's Court held that Article 39 of the Labor Law of the People's Republic of China stipulates: "If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department." ”
According to the Ministry of Labor's Measures for the Examination and Approval of Enterprises Implementing the Irregular Working Hours System and the Comprehensive Calculation of Working Hours System, the implementation of the irregular working hours system and the comprehensive calculation of working hours system by enterprises must be approved by the labor and social security department.
In this case, although the parties agreed in the contract to implement the irregular working hours system, the company did not obtain the approval of the irregular working hours system.
In addition, in this case, although the company claimed that Li Xiaomei's duty on rest days was only responsible for replying to questions among the customer group and not working overtime, it can be seen from the chat records and job responsibilities that Li Xiaomei's use of social software to work has gone beyond the scope of simple communication, and the "Duty Schedule of the Official Account of the Holiday Community" can prove that her work content is periodic and fixed, which is different from temporary and occasional general communication, and reflects the characteristics of the employer's management and employment, and should be deemed to constitute overtime, and the company should pay overtime pay. Accordingly, it was decided that the company should pay Li 30,000 yuan in overtime pay.
Expert Advice: Introducing the "Right to Offline"
Some experts pointed out that the introduction of the "right to offline" should be considered in the labor law. The so-called "offline right" means that workers have the right to refuse to communicate or handle related work matters through digital tools during non-working hours, except as prescribed by law or agreement, and shall not be treated unfavorably, so as to further ensure the integrity and continuity of rest time and promote the realization of work-life balance.
How many work groups do you have?
Do you still reply to messages after hours?
What do you think after work
Is "WeChat processing work" counted as overtime?
Let's talk about it in the comment area
Source: Shenzhen News Network, Red Network, netizen comments, Guangzhou Radio and Television Station previously reported
Editor-in-charge: Li Jiani
Editor: Anne Xu