After the double-break system was implemented in ByteDance, the salary was generally reduced by 1 7%, and in August1day, byte announced the cancellation of big and small weeks, and the system that had been implemented for eight years suddenly ended. After the cancellation of big and small weeks, the general salary of all employees was reduced by 17%. According to the report of Yangguang. com, some employees can't finish their tasks and earn money without working overtime.
ByteDance's salary has generally dropped after the implementation of the double-break system 17% 1 Some time ago, the news that ByteDance canceled the big and small weeks was screened on the Internet. Because of big companies such as Byte, Ali and Tencent, the super-high salary has become the knowledge of netizens, and canceling the week means less overtime and the salary of employees will also drop.
According to media reports, August 3rd1is the first payday after the cancellation of big and small weeks in ByteDance. However, the byte employees who received the salary exploded, and they found that their wages were lowered to varying degrees than usual.
A byte employee said on the social platform: "In my lifetime, I finally waited for the general tone of ByteDance, and the general tone of all employees decreased by 17%."
Many byte employees will include overtime pay in the annual salary package when they talk about salary, and after canceling the week of size, byte has not announced the compensation plan for these employees at present.
On August 1 day, Byte announced the cancellation of the week, and the system that had been implemented for 8 years suddenly ended. Teams and individuals who started to need it in August can submit overtime applications through the system.
In addition, there have been media reports before that after the cancellation of the size, the overtime pay of 6,000 yuan a day was gone, which affected his mortgage repayment.
A ByteDance employee who just bought a house in Beijing told the media that he didn't expect to cancel the "Big Week" when he borrowed money, and the change came unexpectedly.
"For R&D, the overtime pay is 6,000 yuan a day, and two days is the income of an ordinary employee for one month. His mortgage originally considered overtime income, and now there is no overtime pay, which is very stressful.
In fact, one-third of the employees in ByteDance's previous survey on "canceling big and small weeks" expressed opposition. Some people admitted that if they canceled big and small weeks, they would lose100000 yuan of income every year. "I added bytes at the beginning, and this part of income was counted in the salary package."
There are even employees of big factories crying: "If the' big and small weeks' are cancelled and the salary is not raised, it is really impossible to open the pot. Without the overtime pay of 6,000 yuan a day, Beijing mortgage can't afford it. "
According to the report of Yangguang. com, some employees can't finish their tasks and earn money without working overtime. An employee working in an Internet studio said: Although it is hard, I dare not refuse to work overtime because the workload is linked to salary. He told reporters: "Working hours are generally from 8: 00 am to 9: 00 pm, and I have to go to work on Saturday and see the company's arrangements on Sunday. There is a lot of content to do, and the salary is much higher than before. If you don't work overtime, the salary will be calculated on a monthly basis, and there is not much. "
In fact, many Internet companies, such as Photonic Studio in Aauto Quicker, ByteDance and tencent games, have cancelled the Week of Size one after another. In these companies, some employees can work overtime as needed to get the corresponding overtime fees, while others directly cancel overtime and overtime pay.
Different from the regulations of these companies, BOSS said that after the resumption of double holidays, the "weekend overtime pay" in employees' salaries is still issued normally, and the total salary remains unchanged. According to reports, "weekend overtime pay" accounts for about 20% of the annual salary of BOSS direct employees. This operation of BOSS's direct employment makes netizens call "the pattern is big".
After the implementation of the double-break system in ByteDance, the salary dropped17% 2 "996" overtime system was defined as illegal.
On August 25th, the Ministry of Human Resources and Social Security and the Supreme People's Court jointly released 10 typical cases of overtime work, reminding employers of the risk of illegal behavior, promoting the standardization of employment according to law, clarifying the expectation of workers' rights protection, and guiding them to rationally protect their rights according to law. Among them, "employees refused to be compensated after' 996' was terminated" has become one of the most typical cases.
Image source: Ministry of Human Resources and Social Security official website
The case shows that Zhang joined a courier company in June 2020, and the labor contract concluded by both parties stipulated a probation period of 3 months, with a monthly salary of 8,000 yuan. According to the company's rules and regulations, the working hours are from 9: 00 am to 9: 00 pm, 6 days a week.
Two months later, Zhang refused to work overtime on the grounds that his working hours seriously exceeded the legal upper limit. The courier company terminated the labor contract with Zhang on the grounds that he was proved not to meet the employment conditions during the probation period. Zhang applied to the Labor and Personnel Dispute Arbitration Commission for arbitration, requesting that a courier company pay 8,000 yuan in compensation for the illegal termination of the labor contract.
In the end, the Arbitration Commission ruled that a courier company paid Zhang 8,000 yuan for illegally dissolving the labor contract, and informed the labor security supervision agency of the case. The labor security supervision agency ordered a courier company's rules and regulations to be corrected and given a warning.
In this case, the content of "working hours are from 9: 00 a.m. to 9: 00 p.m., working six days a week" in the rules and regulations of the courier company seriously violates the provisions of the law on extending the upper limit of working hours and should be considered invalid. Zhang refused to work overtime in violation of the law, which was to protect his legitimate rights and interests. Therefore, it cannot be determined that he was proved not to meet the employment conditions during the probation period. Therefore, the Arbitration Commission ruled that a courier company should pay compensation for Zhang's illegal termination of the labor contract.
CCTV: Employment is the biggest livelihood.
This paper reviews the basic case and handling results of 10 case, clarifies the applicable standards of working hours and overtime wages, and analyzes the typical significance of the case against the law. The case analysis clearly points out that advocating struggle is understandable, but it cannot be a shield for employers to avoid legal responsibilities.
The concept of labor rule of law is deeply rooted in the hearts of the people, which is conducive to coordinating the orderly development of enterprises and the protection of workers' rights and interests. To start a new journey and strive for prosperity, enterprises and workers are the main forces, and their initiative and creativity should be stimulated simultaneously. This typical case involves many industries, such as Internet technology, express delivery, construction, medicine, education consulting, media service, automobile service, etc., which shows that overtime work causes disputes, which is universal, especially in enterprises that implement flexible working system or package salary system. Therefore, efforts should be made to correct employers' behaviors of evading legal responsibilities and infringing on the legitimate rights and interests of workers in these fields, further reduce labor disputes, create harmonious labor relations and maintain the overall situation of social stability.
Popularize the law by case, so that workers have a clearer legal weapon and take the initiative to safeguard their right to rest and remuneration. It is stipulated in the Labor Law that overtime work should not exceed 1 hour per day in general. If it is necessary to extend working hours for special reasons, it should not exceed 3 hours per day under the condition of ensuring the health of workers, but it should not exceed 36 hours per month.
The Ministry of Human Resources and Social Security and the Supreme Court have made it clear that the "996" and "007" (0: 00 to 0: 00, 7 days without interruption) work systems are illegal. Workers can refuse to accept forced overtime work, refuse to sign invalid contracts such as giving up overtime pay, and can't let it go. They should have a sense of active rights protection and defend their rights more rationally according to law. When the rights and interests are infringed, attention should be paid to retaining evidence to identify the fact that "overtime is arranged", so as to obtain corresponding overtime pay.
According to the case interpretation method, employers should standardize employment according to law and keep the bottom line of not violating legal provisions and infringing on the legitimate rights and interests of workers. It is the responsibility and responsibility of enterprises to actively maintain harmonious labor relations. No matter how fierce the market competition is and the cost pressure is, the cost cannot be passed on to ordinary workers through overtime employment or infringement of the legitimate rights and interests of workers. When changing the overtime stipulated in the labor contract, we should respect the wishes of the workers. When the workers have insufficient ability to provide evidence, the employer also has the responsibility to provide evidence. It should be clear that abusing the dominant position and forcing workers to work overtime and not paying overtime according to the standard are illegal and need to bear corresponding legal responsibilities.