996 working, ICU waiting.
A "996" work schedule refers to an illegal work schedule that starts from 9 a.m. and ends at 9 p.m. each day, six days a week which has been gaining in popularity.
Serving a company that encourages the "996" work schedule usually means working for at least 60 hours a week.
A "996" work schedule is in blunt violation of the Constitution of the People's Republic of China along with multiple other Legislations:
He who labours in the People's Republic of China have the right to rest.
The state expands facilities for rest and recuperation of working people and prescribes working hours and vacations for workers and staff.
Labourers shall have equal right to employment and choice of occupation, the right to remuneration for labour, to rest and vacations, to protection of occupational safety and health, to training in vocational skills, to social insurance and welfare, to submission of labour disputes for settlement and other rights relating to labour stipulated by law.
The State shall practice a working hour system wherein labourers shall work for no more than eight hours a day and no more than 44 hours a week on the average.
Where an enterprise cannot follow the stipulations in Article 36 and Article 38 of this Law due to the special nature of its production, it may, with the approval of the administrative department of labour, adopt other rules on working hours and rest.
The employing unit may extend working hours as necessitated by its production or business operation after consultation with the trade union and labourers, but the extended working hour per day shall generally not exceed one hour; if such extension is needed for special reasons, under the condition that the health of labourers is guaranteed, the extended hours shall not exceed three hours per day. However, the total extension in a month shall not exceed thirty-six hours.
The employing unit shall not extend working hours of labourers in violation of the provisions of this Law.
Article 44 Under any of the following circumstances, the employing unit shall, according to the following standards, pay labourers remunerations that are higher than those for normal working hours:
(1) To pay no less than 150 per cent of the normal wages if an extension of working hours is arranged;
(2) To pay no less than 200 per cent of the normal wages if work is arranged on off days and no make-up off days can be arranged; or
(3) To pay no less than 300 per cent of the normal wages if work is arranged on statutory holidays.
Where the employing unit, in violation of the stipulations of this Law, extends the working hours of labourers, the administrative department of labour shall give it a warning, order it to make corrections, and may impose a fine thereon.
Where the employing unit commits any of the following acts infringing upon the legitimate rights and interests of labourers, the administrative department of labour shall order it to pay labourers remuneration of wages or to make up for economic losses, and may also order it to pay compensation:
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(2) To refuse to pay labourers remuneration of wages for the extended working hours;
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The employing unit shall strictly implement the norm set for labor quota and shall not compel the workers to work overtime or do so in disguised form. If an employing unit arranges for a worker to work overtime, it shall give him overtime pay in accordance with the relevant regulations of the State.
The receiving unit shall perform the following obligations:
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(3) to give overtime pay and performance bonuses and provide welfare benefits related to specific posts;
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Where an employing unit commits one of the following acts, the administrative department of labor shall order it to pay the labor remuneration, give overtime pay or make other financial compensation within a time limit; if the labor remuneration is lower than the local minimum wage rate, it shall pay the difference. If it fails to make such payment at the expiration of the time limit, it shall be ordered to pay an additional compensation to the worker at a rate of not less than 50 percent but not more than 100 percent of the amount payable:
(1) failing to pay a worker his labor remuneration on time and in full as stipulated in the labor contract or as prescribed by the State;
(2) paying labor remuneration at a rate below the local minimum wage rate;
(3) arranging overtime work but giving no overtime pay; or
(4) failing to pay the worker financial compensation pursuant to the provisions of this Law when revoking or terminating a labor contract.
Workers and staff shall work 8 hours a day and 40 hours a week.
No unit or individual shall extend the working hours of their workers and staff without authorization. When the working hours are necessary to extend for the purpose of special case or emergent assignment， it shall be implemented according to the relevant provisions of the State.
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In early September 2016, according to reliable news that 58.com A.K.A.
58同城(NYSE：WUBA) which is a classified advertisements company introduced the "996" work schedule, without paying employees weekends overtime. The company later claimed that the schedule was only practised to manage extra workload during peak season(September and October) and this schedule is not a mandatory requirement. -
In January 2019, Youzan A.K.A.
有赞(HKG: 8083) which is a Hangzhou-based E-commerce company) announced the company would adopt "996" work schedule in the annual convention. Bai Ya, the CEO of Youzan, responded,"This will definitely be a right decision when we look back in a few years."
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In March 2019, it was reported that JD.com A.K.A.
京东(NASDAQ: JD) which is a major E-commerce company) started adopting "996" or "995" work schedules in some departments. The PR of JD posted on Maimai (脉脉, a Chinese real-name business social network platform), stated that"(Our culture is) to devote ourselves wholeheartedly (to achieve the business objectives)".
Gaining more publicity only recently, this work schedule, however, has long been a known "secret" practised in multiple companies in China.
According to the Labour Law, employees who follow the "996" work schedule deserve to be paid 2.275 times of their base salary. Unfortunately, people rarely receive this overtime pay.
If you continue to tolerate the "996" work schedule, you will risk your own health and might need to stay in an Intensive Care Unit someday. (6 rhymes with U in Mandarin)
Developers' lives matter.