从劳动法视角分析“996工作制”

Abstract

“996”, a term once ignored by us, has rapidly occupied the public’s vision in recent period, causing fierce debate in the whole society. The continuous fermentation of the event can not help but cause us to further explore the reasons behind it and the possible results in the future. This kind of phenomenon is popular in various industries, and its reasons are no more than the following aspects in general. First, with the development of AI technology, cloud computing technology and big data technology, 5g technology is widely used in all aspects, and the rapid development of Internet industry, leading to unprecedented fierce competition in the industry. In the game between enterprises and employees, enterprises gradually take the upper hand. When faced with competitive pressures and capital needs to increase labor time to improve output, workers have limited resistance and are forced to work overtime. Secondly, the backward enterprise management system and the imperfect national laws are also very important reasons, and the lack of flexibility of working time benchmark, especially the weakening of overtime compensation function of judicial organs. As for the overtime cost of rest time, which is the most provocative to the public nerves, under 996, the employees’ right to rest and the right to receive remuneration are inevitably violated and difficult to safeguard their rights. This paper will discuss 996 from many aspects mentioned above, and try to put forward relatively stable countermeasures for the problems caused by 996.