Research On The Protection Of Workers’ Right To Rest Under The Background Of 996 Working System

The 996 working system refers to a way of working: the working hours of the workers are from 9 a.m.to 9 p.m.and they work six days a week without any overtime pay or subsidy.The working system originated from the Internet field,and originated from the "996ICU" project uploaded in GitHub on March 27,2019.It can also be vividly expressed as "work 996,sick ICU",and the word "ICU" can be used to express the serious consequences of the 996 working system.The project list includes Alibaba,Huawei,JD,etc.Besides,it is only the tip of the iceberg that has been exposed,and other non internet industries also have similar overtime phenomenon.996 working system is a new social phenomenon on the surface.Its essence is the balance between work time and rest right.The 996 working system challenges the current labor law of China and the legislative provisions on working hours in the related fields of labor law.Article 36 of the labor law and Article 3 of the provisions of the State Council on the working hours of employees directly cut in from the working hours,making it clear that the employing unit should generally implement the standard working hour system,and make the following provisions respectively:"the State implements that the daily working hours of the employees shall not exceed 8 hours,and the average working hours of each week shall not exceed 44 hours";"the employees shall work 8 hours a day,40 hours a week" When." Such a way of work not only damages the health of workers,infringes their right to rest,but also disturbs the allocation of resources in the labor market,which needs to be regulated by law.This paper adheres to the idea of putting forward problems-analyzing problems-solving problems,and discusses it against the background of 996 working system.The article includes four parts: the first part puts forward the problems.Through the analysis of 996 working system surface phenomenon,we can know that there are two reasons for 996,which are also the two major problems raised in this paper.One is the forced overtime work of the employer.This unilateral management behavior is the performance of the employer’s use of the labor autonomy.It can not be denied that the operation and management law of the employer gives the employer the labor autonomy and allows it to independently determine the work-related matters within the legal framework.However,any right should have a boundary,let alone the 996 exercise of the labor right There is a direct conflict between the right to rest and the right of workers,so we need to think about the right boundary of employment autonomy and the reasonable way to exercise it.Second,it comes from the voluntary consultation between workers and employers,which is also a common case of workers’ voluntary overtime in practice,involving whether workers and employers can freely agree on working hours on a voluntary basis? How effective is the labor contract thus concluded? This problem is to examine the boundary between state intervention and autonomy of will in the field of labor law.In addition to the above two problems directly analyzed from the causes of996,the 996 work system has also led to disputes on the level and flexibility of China’s working hours benchmark.The author summarizes the working hours and overtime in some countries in the form of tables to further express his views.The above are three legal issues extracted from the 996 work system;the second part is to examine the current working hours The third part is the analysis of the problem.The first question is the boundary of the employer’s employment right and the second question is whether the labor and capital can freely agree on the working time.The essence of this question is to analyze the nature and value of the right to rest.The right to rest is defined as a basic right of citizens by the constitution of our country,but it is not enough to recognize the right to rest shown by the 996 phenomenon from the perspective of rights.We should see that the working hours correspond to the right to rest.The right to rest reflects not only the physical health of workers,but also the social responsibility of workers,which reflects a theory of work sharing.The work post is a kind of scarce social resource,the laborer can’t give up his right to rest and choose to work continuously.This idea of forced rest protects the health of the laborer and provides work for others,so we should understand the right to rest deeply.In addition,the status quo of 996 employment also poses a severe challenge to the concept of labor law,which is the third law domain to adjust social interests,applies the unique inclined protection principle,and the ultimate goal is to build a harmonious labor relationship,which has a huge impact on the basic cognition,which rises to the spiritual level of labor law;the last part of the article is specific measures for the protection of workers’ right to rest.996 work system directly infringes the workers’ right to rest.The right to rest is the embodiment of human rights and the basis for workers to realize their self-worth.Therefore,how to protect the right to rest naturally becomes the focus of this paper.On the basis of summarizing the relevant systems of typical foreign countries,the author puts forward five paths: first,we should improve thesystem of special working hours on the basis of continuing to use the current standard working hours;second,we should clarify the boundary between working hours and rest time,and make clear the labor quota;third,we should increase the illegal cost of employers’ infringement of workers’ right to rest;fourth,we should set up a reasonable dispute resolution mechanism,Fifth,strengthen labor supervision and give full play to the supervision function of labor security supervision institutions.With the rapid development of the Internet and the increasingly fierce market competition,employers can not create greater social benefits without the hard work of workers,but 996 can not become a synonym for struggle.The meaning of the labor law and other laws regulating labor relations is just to protect the legitimate rights and interests of workers and restrict the employer’s casual employment Legal power balances the interests of workers and employers,advocates the spirit of legal and efficient struggle,and is committed to building a harmonious labor relationship,laying a foundation for promoting the construction of labor law in China.