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On October 29, the 45th meeting of the Standing Committee of the Sixth Shenzhen Municipal People’s Congress voted to approve the “Health Regulations of the Shenzhen Special Economic Zone” and proposed to implement a mandatory vacation system to better protect physical and mental health. from the workers.As the first local sanitary regulation in the country, the regulation will be formally implemented on January 1 of next year. Many netizens expressed support for the implementation of the mandatory vacation system, but were also openly concerned that the “996” working model could not be changed. Industry experts believe that the introduction of the new mandatory holiday regulations has some demonstration effect.
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Shenzhen enacted the first local health regulations, to be implemented on January 1 next year.
Too many overtime will be “mandatory vacations.” Industry experts believe that the introduction of new regulations on mandatory holidays has some demonstration effect
The paid licensing system has been around for a long time, but the implementation rate is not high. Many employees said they “want to take leave, but they are not allowed to take it or they dare not take it. On October 29, the 45th meeting of the Standing Committee of the Sixth Shenzhen Municipal People’s Congress voted to approve the “Sanitary Regulations of the Shenzhen Special Economic Zone” (hereinafter referred to as the “Sanitary Regulations”) and proposed to implement a system mandatory vacation to better protect workers. Physical and mental health.
As the first local health regulation in China, the regulation will be formally implemented on January 1 next year. After implementation, can the vacation system really be implemented?
Staff: Support the new regulations and look forward to their implementation.
The “Health Regulations” clarified that with the implementation of a mandatory vacation system, employers should rationally allocate human resources, organize staff work and rest time, and implement a rotation system for employees with a large Mental and physical workload to avoid excessive loss of human functions or physical and mental health of employees Health injury.
At the same time, employers should strictly implement the paid vacation system for employees, and human resources security departments and trade unions should strengthen the supervision and inspection of the implementation by employers of the paid vacation system for employees. employees.
This content has caused great public concern. In fact, paid leave was included in China’s labor law more than 20 years ago, and the “Regulations on Paid Annual Leave for Employees” specifically stipulates the number of days of annual leave for employees. However, during the implementation process, the vacation system is difficult to fully implement.
Many netizens expressed support for Shenzhen’s implementation of a mandatory vacation system, but were also frankly concerned that the “996” working model could not be changed.
Netizen “Yixiaoshenghua” said that the company’s one-time rest has become the default rule and that there is no triple pay for overtime on legal holidays, much less paid holidays.
Some employees also informed reporters that the company can basically implement paid leave, but it is difficult to avoid working overtime in disguise. Ms. Pan, who works for a real estate company in Nanshan District, Shenzhen, told reporters that there are many young people in the company and the pressure from competition is high. Due to pay for performance, the salary level depends on the workload and overtime is the norm. “Supporting the implementation of mandatory vacations can make employees more vigorous at work. I hope the system is implemented.”
Experts: Introducing new regulations has some demonstration effect
The reporter learned from the Trade Union Federation in Shenzhen Nanshan District High-Tech Park that a sample survey of companies and employees showed that 38.17% of employees are worried and confused about their own development problems . Due to the pressure of work and employment, employees are concerned about the impact of the holidays. Self-development and work compensation can only give way to work.
The survey also shows that, since most of the companies in the park are in the start-up stage, they tend to take measures to reduce staff and increase efficiency, fixed positions and fixed workloads. Once the holidays have been arranged, there will be no replacement of positions; At the same time, the performance appraisal and break rotation systems of some companies are not perfect. As a result, it is more difficult for employees to implement shifts and shifts after working overtime.
In this context, industry experts believe that the introduction of new regulations on mandatory holidays has some demonstrative effect.
“The institutional arrangement of mandatory vacations clearly reflects the standard labor law nature of the statutory rest and vacation system.” Shen Jianfeng, Dean of the China Industrial Relations Institute School of Law, noted that the statutory vacation and rest system has implications for labor groups, employers, labor markets and social insurance. The load has a long-term impact. Abandoning rest and vacations will not only cause physical and mental harm to workers, but will also increase labor supply and labor prices. At the same time, it will lead to a relative increase in labor costs for companies taking legal leave and an increased risk of workplace injury for overworked workers.
Liao Zhikai, vice president of the Federation of High-Tech Parks Trade Unions, believes that Shenzhen’s implementation of the mandatory holiday system is a guide for companies and employees to standardize holidays, urging companies to improve rules and regulations relevant, rationally allocate human resources and reduce the harm to the physical and mental health of employees, making the basic work of employees In addition, economic rights and interests are protected.
Strengthen the transitory orientation for companies
The competent person in charge of the Shenzhen Municipal Health Commission stated that, in fact, it is difficult to define and formulate specific standards for overloaded work. The content of this part is primarily to guide employers and employees to establish a healthy work concept. Therefore, there is no specific stipulation in the regulation. legal responsability.
Tang Renwu, dean of the Government Management Research Institute at Beijing Normal University, publicly suggested that the next step is to seriously study the feasibility of regulations, how high the cost of supervision is, and how to punish companies if they don’t. implement them, and requested the publication of the corresponding implementation rules as soon as possible.
Liao Zhikai believes that in order to implement the mandatory holidays, it is necessary not only to increase the promotion of the law, but also to strengthen the transition orientation for enterprises. “It is necessary to give companies a reasonable period of internal rectification and optimization and strengthen orientation.”
Shen Jianfeng said that in the current practice, there are still many phenomena of ignoring the right of workers to rest and vacation. The implementation of the legal system of rest and vacations must be guaranteed through the application of the law of the public power, that is, through the labor inspection. There is also a need to improve the job safety supervision system as soon as possible and to strengthen law enforcement.
Some experts also suggested that the vacation system should not only guarantee the right of employees to vacation, but also should not significantly increase the labor cost of the company. Promoting implementation can provide a more tangible incentive to the company, such as tax reduction and exemption, in order to achieve a “win-win situation” for the company and employees. “. (Reporter Liu Youting)
