? ? The sudden death of a 28-year-old employee in ByteDance shows that the reform of overtime system has a long way to go, and more measures should be taken to standardize overtime behavior and effectively protect the legitimate rights and interests of employees.

According to media reports, on the afternoon of February 23rd, ByteDance provided Sina Technology with a screenshot of a post posted on the intranet. According to the picture, I learned from the hospital on February 23rd 13: 43 that after 4 1 hour of rescue, Mr. Wu died unfortunately, and said that "the company has borne all the medical expenses and provided the whole logistics support. The company will also provide pensions and care for Wu's family, assist in handling related matters, and try its best to help his family tide over the difficulties. "

In recent years, news reports about sudden death of employees due to overtime are common. For example, on July 7, 2020, a programmer who is about to become a father in Nanjing suddenly suffered a cerebral hemorrhage when he was preparing to go out; On June 5438+February 65438+September, 2020, Gome employees died suddenly during the year-end swearing-in meeting; On February 29th, 2020, at 65438, a female employee in Pinduoduo died suddenly while walking home with her colleagues. 202 1 1 1 5, sudden death of BYD employees due to overtime. ...

1. The state has promulgated relevant laws and regulations to regulate the extension of working hours. The current labor dispute settlement system in China is a system of "one mediation, one arbitration and two trials". The parties may voluntarily choose to negotiate or apply for labor mediation. If mediation fails or is unwilling, the parties may apply to the Labor Dispute Arbitration Committee for arbitration. If you are dissatisfied with the arbitration award, you can bring a lawsuit to the people's court. Article 41 of the Labor Law of People's Republic of China (PRC) stipulates that due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and laborers, and generally the working hours per day shall not exceed one hour. If it is necessary to extend working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of workers; Article 90 of the Labor Law of People's Republic of China (PRC) stipulates that if an employer violates the provisions of this law and extends the working hours of workers, the labor administrative department shall give a warning, order it to make corrections and may concurrently impose a fine; At the same time, Article 25 of the Regulations on Labor Security Supervision stipulates that if an employer violates labor security laws, regulations or rules and extends the working hours of workers, the administrative department of labor security shall give a warning and order it to make corrections within a time limit, and may impose a fine according to the standard that the infringed worker is more than 100 yuan and less than 500 yuan.

Two, although the state has issued relevant laws and regulations to regulate the extension of working hours, but from the actual implementation, there are still a lot of illegal overtime in some industries. Although the state has issued relevant laws and regulations to regulate the extension of working hours, from the actual implementation, there are still a lot of illegal overtime in some industries, and some of them are not even overtime on the surface. It is illegal for employers to assign many tasks to employees on the grounds of piece-rate system and let them work for a long time. In view of the above situation, in August, 20021year, Ministry of Human Resources and Social Security and the Supreme Court jointly issued a typical case of 10 overtime work, drawing a red line for enterprises, clearly pointing out that fighting is not a shield for employers to evade legal responsibilities, and clearly stipulating that "996" and "007" are illegal.

Third, take measures to standardize overtime work and effectively protect the legitimate rights and interests of employees. In my opinion, on the basis of implementing the relevant laws and regulations issued by the state to standardize and extend working hours, we should take multiple measures to effectively protect the legitimate rights and interests of employees: First, the labor inspection department should strengthen the identification of labor relations in new formats, further clarify the identification standards of labor relations in new formats, adopt various means to strengthen the employment management of enterprises in new formats, standardize and investigate the hidden dangers of illegal overtime in employment management, and guide enterprises to standardize overtime management and other systems to safeguard the legitimate rights and interests of employees from the source; The second is to expand the coverage of industrial injury insurance and protect the legitimate rights and interests of platform employers and employees; The third is to improve the sense of acquisition and happiness of workers, so that their labor can be rewarded and dignified and warm.