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Original title: “Mandatory vacations” is here! Is it really “mandatory”? Fight of the “paid workers” …
△ Video of the CCTV Finance column “Tianxia Finance”
Recently, the “Shenzhen Special Economic Zone Health Regulations” were voted. This is the first local health regulation in China and will come into effect on January 1, 2021. There are a total of 133 articles, of which Article 63 is widely discussed, which the outside world interprets as a “mandatory vacation “.
The topic of “Shenzhen implements a mandatory vacation system” sparked heated discussions among netizens. Some netizens asked: Will the “996” and “007” models end for this? “Mandatory vacation” sounds beautiful, what is the real situation? How to actually land?
Are “mandatory vacations” really “mandatory”?
The so-called “application of a mandatory holiday system in Shenzhen” originated from a regulation recently approved by Shenzhen: the “Sanitary Regulations of the Shenzhen Special Economic Zone”. Article 63 of the regulation clearly stipulates that employers must implement rotating holidays for employees with a heavy mental and physical workload. System: Strictly implement the paid vacation system for employees. The regulations will be implemented on January 1 of next year.
There is no word like “mandatory holidays” in the regulations, but most of the media understood this as “mandatory holidays” and started commenting.
Is the expression “mandatory vacations” correct?
Zhai Yujuan, Director of the Institute of Labor Law and Social Security Law at Shenzhen University: From a legal perspective, these regulations are equivalent to soft law, because there are no specific standards and no way to enforce them.
The specific regulations on work, rest and vacations will be adjusted to the provisions of the labor legislation. At present, China still mainly applies the 40-hour standard working hour system. Although the regulation cannot play a mandatory role, the right to “paid holidays” still belongs to workers.
Expert: The introduction of new regulations has a certain guiding and demonstrative effect
Industry experts generally believe that the introduction of the new regulations has a certain guiding and demonstration effect. The competent person in charge of the Shenzhen Municipal Health Commission indicated that the main purpose of the regulations is to guide employers and employees to establish a healthy work concept, so there is no specific legal responsibility in the regulations.
Zhai Yujuan said that the “paid leave” in the regulations can play a positive and positive guiding role. This is also in line with the concept of decent work advocated by the International Labor Organization. “You need to keep a balance between work and life and the value of life. It’s not just about working, it’s also about living. “
Zhai Yujuan, Director of the Institute of Labor Law and Social Security Law of Shenzhen University: Currently, the actual implementation of annual leave is about 50%. As a company, it is necessary to realize that the annual leave of workers is a basic right of workers and cannot be deprived of them at will, otherwise, they must assume the corresponding legal responsibilities.
The next step is to introduce implementation rules as soon as possible.
Some media commented that the new Shenzhen regulations are expected to explore experiences and reform paths.
Tang Renwu, Dean of the Institute of Government Management, Beijing Normal University: The Shenzhen system has an important role model and guiding significance. It is recommended that the next step be to carefully study the feasibility of this regulation, the cost of supervision and how to sanction companies if they do not implement it, and the corresponding implementation regulations should be issued as soon as possible.
Lu Yuping, Director of the Regulations Division of the Shenzhen Municipal Health Commission: Actually, some companies have not implemented it well. Human and social resources departments, unions and other units should strengthen the supervision and management of employers and urge companies to better implement this system.
For “compulsory license”
Netizens have expressed their opinions
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