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Overtime triggers heated discussion after workers' deaths

By Zou Shuo | China Daily | Updated: 2022-03-31 06:47
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Employees work at night at an office building in Chengdu, capital of Sichuan province. [Photo by Wang Biao/for China Daily]

Court regulation

In August, the Supreme People's Court ruled that the 996 overtime practice was illegal. The top court and the Ministry of Human Resources and Social Security published guidelines for and examples of overtime work.

In Beijing, a campaign running from March 15 to May 15 is aimed at regulating overtime in key industries and enterprises, including internet companies, technology-intensive enterprises driven by research and development, and labor-intensive manufacturers and service providers. The campaign also seeks to protect workers' rights and interests and to build harmonious labor relations.

In a notice issued on March 15, the Beijing Municipal Human Resources and Social Security Bureau said that regulation focuses on how employers schedule their work hours, breaks and vacation days, and also on special working schedules, overtime and compensation-related issues.

The notice said employers should ensure their workers have at least one day off each week and that compensation is offered for working overtime, adding that violators would face administrative punishment.

Yao Junchang, co-founder of the Beijing Weiheng Law Office, said that while laws in China are "quite protective" of workers' rights, in practice such legislation is rarely strictly enforced.

He said that when cases involving labor issues are filed, employers are often asked by law enforcement authorities to compensate employees for working overtime, or are fined a small amount, both of which are insufficient deterrents to avoid repeated transgressions.

Tang, from Beijing Jiaotong University, said local governments are often reluctant to be tough with errant technology companies that provide a large number of jobs. For economic development, local authorities also want to keep these companies within their jurisdiction.

Not sustainable

Experts believe that in the long term, the 996 overtime culture at technology companies is not sustainable.

Guan, from Beijing Normal University, said competition among internet companies now and in the future hinges on their ability to achieve breakthroughs in new cutting-edge technologies such as artificial intelligence and metaverse-a virtual reality space in which users interact with a computer-generated environment and other users. The ability among companies to make breakthroughs relies more on original innovation, rather than working additional hours, Guan added.

When knowledge-intensive employees are overworked, they do not have any energy left to come up with new technologies, so such a culture stifles innovation, she said.

Tang said that after experiencing rapid development for a long period, growth momentum at Chinese technology companies has slowed, meaning that they will be less capable of affording high salaries for their large number of employees.

Many technology workers choose internet companies for their high salaries, rather than having a genuine interest in them, so when salaries are lower than expected, it is only natural for these employees to leave and find other work, he said.

"While Chinese are known for being hardworking-and some people might be less sensitive about working overtime-this does not mean that we don't know how to enjoy leisure time and find a work-life balance," Tang said.

Working hard is not contradictory to enjoying life, and people need to find a balance between work and leisure, he added.

Moreover, members of the younger generation born to more-affluent families are less inclined to work overtime, and many of them have chosen less-hectic occupations that promise a better balance between work and life, he said.

Tang added that the COVID-19 pandemic has also made people think about the importance of health and of finding a balance between work and life.

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