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1 + 1 News 丨 Why is Shenzhen the first to legislate on “paid holidays”?
The first local health regulation in China, the “Shenzhen Special Economic Zone Health Regulation” will be formally implemented in Shenzhen on January 1 next year, which clearly proposes to implement a “mandatory vacation” system. Considering the reality that paid vacations are often futile, what does this approach mean? Where is “required” again? “News 1 + 1” connected with Zhai Yujuan, director of the Institute of Labor Law and Social Security Law at Shenzhen University, and shared concerns: Why is Shenzhen the first to legislate on “paid holidays”?
From Shenzhen speed to Shenzhen health, Shenzhen plans to push for mandatory vacation system
According to the data, 36.9% of office workers in Shenzhen have to work overtime until after 8:00 p.m. Shenzhen is a city known for its “speed” and “efficiency”. Being the first special economic zone in China, Shenzhen has brought together a large number of private companies, especially high-tech Internet companies, after four years of development. In Shenzhen, overtime has become a feature and the “996” seems to be used to it.
The “Sanitary Regulations of the Shenzhen Special Economic Zone”, which will be formally implemented on January 1 next year, has recently become a hot spot. Article 63 of the Regulation is “Employers will strictly apply the paid vacation system for employees in accordance with the law.” As the first local health regulation in China, industry experts believe that the introduction of the new so-called “mandatory vacation” regulations has a certain demonstrative effect.
No longer simply pursue “speed”, but pay attention to the right of workers to seek health and rest. As the media commented, I hope that the new Shenzhen regulations can explore experiences and reform paths.
Is this system really “mandatory”?
On the Internet, the word “mandatory” in the “mandatory vacation” system has whetted the appetite of many netizens, but no such description was found in the specific content. How should we understand the content and importance of this legislation in Shenzhen?
Zhai Yujuan, director of the Institute of Labor Law and Social Security Law at Shenzhen University, said that although the clauses were used twice as “only” instead of “yes”, which left a wide variety of options, it was based on the relevant provisions of the current “Labor Law”. . As a health regulation, regulations made from the perspective of protecting the health of workers are a relatively advanced place. However, from a legal perspective, these regulations are equivalent to “soft law”, because there is no specific standard, so there are no methods are applied.
What is the “heaviest workload”? There should be more scientific and detailed definitions in the future
Relevant people in the industry also mentioned that it is really difficult to define and formulate specific standards for excessive workload in existing regulations. The content of this part is mainly to guide employers and employees to establish a healthy work concept, which also reminds us. In the future, we may consider the degree of “overload” for some specific industries and we may have a clearer definition.
Zhai Yujuan, Director of the Institute of Labor Law and Social Security Law at Shenzhen University: Regarding excessive work, this is a relatively general problem. In the future, the legislation may be more detailed and specific, or you can consult some foreign legislation, such as Regarding the issue of “overwork” in Japan, the main factor to consider is the working time. month exceed 100 hours? Regarding labor intensity, our country also has corresponding classification standards, which include level 3 and level 4 labor … If it exceeds the time and legal intensity, all are “overloaded”, but the law still you need to keep doing some detailed regulations.
How is the implementation of “paid holidays” in Shenzhen? How to monitor?
The 1995 “Labor Law” was formally implemented, clarifying that paid vacations are a basic right of employees. In 2008, the “Employee Paid Annual Leave Regulations” were promulgated and implemented, stipulating specific operating procedures. In 2013, the “National Tourism and Leisure Scheme (2013-2020)” proposed that by 2020 the system of paid annual leave of employees be basically obtained. implement. However, the implementation of such a system that can improve employee welfare and stimulate market consumption is still not optimistic.
Zhai Yujuan, Director of the Shenzhen University Institute of Labor Law and Social Security Law: According to my many years of research, the actual implementation of annual leave in China is about 50%, but the annual leave system it is getting better and better in practice.
How to make labor law, labor contract law, paid leave regulations, and other related laws and regulations linked and supported in layers to form a strong legal foundation. What should we do?
Zhai Yujuan, Director of Shenzhen University Institute of Labor Law and Social Security Law: There are three main aspects of supervision: ① On the enterprise side, enterprises should realize that the annual leave of workers they are a basic right of workers and cannot be deprived at will; otherwise, they must assume the corresponding legal responsibilities. ②The union must play the role of protecting the rights and interests of workers; ③As a worker, you must adjust your own asset rights protection and fully consider the relationship between the interests of the company. If it is indeed the business needs of the company, you can waive your annual leave in a given year. But it shouldn’t become the norm.
Who should lead the implementation of the “paid vacation” system?
Zhai Yujuan, Director of the Institute of Labor Law and Social Security Law at Shenzhen University: Some relatively large companies not only have higher production efficiency, but also become better employers and play a leading role in companies. demonstrations. At present, our country emphasizes that the internal and external cycles of the economy must be parallel, to stimulate internal demand it is necessary to increase the wages of workers and more free time. For China to become a strong manufacturing country, it needs a large number of skilled workers, requiring long-term stability of labor relations, and workers have a lot of time for training and upgrading their professional skills. According to the system of “996 hours of work”, It is impossible for workers to have time and opportunities for improvement and training.
