News: 1630322111

  ARM Give a man a fire and he's warm for a day, but set fire to him and he's warm for the rest of his life (Terry Pratchett, Jingo)

Chinese developers protested insanely long work hours. Now the nation's courts agree

(2021/08/30)


China's Supreme People's Court and Ministry of Human Resources and Social Security have released a lengthy document condemning China's "996" work culture as labour violations that deprive workers of overtime payments.

The 996 work schedule describes working from 9AM to 9PM, six days a week, and is common in the Chinese technology industry.

But in March 2019, a protest against the concept was started in a GitHub that chronicled Chinese programmers' stories of abuse (and naming and shaming the startups at which they had worked).

[1]

Jenny Jing Wang, an academic studying the topic, referred to the policy as "modern day slavery" in a [2]2020 journal article .

[3]

[4]

And while many think it's crazy to work these long hours, employees often do so – either because they don't see any other option, or on the promise of future pay-offs in the form of stock options. The options rarely materialize, despite the tech companies themselves often thriving.

The cases detailed in the [5]Chinese court document filed last week include employees illegally pressured to sign agreements giving up overtime pay, employees being cheated out of their overtime pay, and even one person who suffered from heart problems while at work, culminating in their collapse in the wee hours of the morning and subsequent death.

[6]Chinese auto-maker accused of altering data after fatal autonomous car accident

[7]China's Mars rover assigned extended mission after exceeding life expectancy

[8]China puts continuous consent at the center of data protection law

The message from the court was clear, as the judgments were full of company fines and corrective prescriptions. It may signal a future firmer stance against labour law violations.

Regarding one case, the court said the following (translated from Mandarin):

In order to seek enterprise development and shape corporate culture, we must keep the bottom line that does not violate the law and infringe upon the legitimate rights and interests of workers, and should, on the basis of adhering to the principle of distribution according to labor, stimulate the subjective initiative and creativity of workers through scientific and reasonable measures, and promote enterprise development and safeguard workers' rights and interests in an integrated manner.

The timing of the court order comes not only amid public backlash on the grueling hours, but also at a time when Beijing is seeking to [9]reign in Big Tech . It has done so by blocking IPOs, monitoring monopolistic opportunities, and regulating sloppy data governance.

China's crackdown on online activity continued last week, with new rules targeting citizen journalists who misrepresent financial and economic policies, as well as the platforms on which they operate. The regulations target accounts on WeChat, Weibo and other platforms accused of carrying misinformation.

Once a country with a strict one-child policy, China now faces an ageing population and shrinking workforce. In response, Beijing has compensated for the restrictions of the past by allowing [10]three children per couple – an effort that seems incompatible with 996 work culture.

While the government can regulate and fine companies for wage abuses and long work hours, changing corporate cultures is another game altogether.

[11]

Alibaba's Jack Ma had many things to say in the past about 996, sometimes endorsing it before back-tracking. Ultimately he communicated a philosophy that people should want to work long hours – especially in their youth – and that a job you love enough to work 12 hours a day six days a week or more is a blessing.

"If you don't work 996 when you are young, when will you? Do you think never having to work 996 in your life is an honour to boast about?" Ma [12]told employees in a company speech.

Three days later he added a caveat:

If you find a job you like, the 996 problem does not exist; if you’re not passionate about it, every minute of going to work is a torment.

South Korea has also found itself in a dark night of the soul over its work week. In July, the country [13]reduced the number of hours employers can require of their workforce from 68 to 52.®

Get our [14]Tech Resources



[1] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YS0AvcwLkH@sjgTQaprLoQAAAQU&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[2] https://onlinelibrary.wiley.com/doi/abs/10.1111/acfi.12682

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YS0AvcwLkH@sjgTQaprLoQAAAQU&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YS0AvcwLkH@sjgTQaprLoQAAAQU&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[5] http://www.court.gov.cn/zixun-xiangqing-319151.html

[6] https://www.theregister.com/2021/08/24/chinese_police_investigating_fatal_ev_accident/

[7] https://www.theregister.com/2021/08/23/zhurong_extended_mission/

[8] https://www.theregister.com/2021/08/23/china_new_personal_data_protection_law/

[9] https://www.theregister.com/2021/08/19/tencent_q2_2021/

[10] https://edition.cnn.com/2021/08/25/china/three-child-policy-mic-intl-hnk/index.html

[11] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YS0AvcwLkH@sjgTQaprLoQAAAQU&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[12] https://mp.weixin.qq.com/s/oc0NugBjpsn1_mBtbib2Lg

[13] https://www.theregister.com/2021/06/24/south_korea_52_hour_working_week/

[14] https://whitepapers.theregister.com/



Wow!

Will Godfrey

I hadn't realised it was quite that bad.

... and I thought I was being hard done by having to work 48hrs a week in years gone by.

At least I didn't have to worry about being cheated out of overtime - it wasn't available.

Long hours <> productivity

H in The Hague

"... that a job you love enough to work 12 hours a day six days a week or more is a blessing."

That strikes me as totally bonkers, and an idiotic approach to managing a business. If you work long hours your productivity simply goes downhill. Even worse, quality will suffer, creating further problems downstream, which will again reduce the productivity of the business.

I associate a culture of regularly working excessive hours with crap, macho management, focused on appearances rather than actual benefits to the business. Now, I'm no psychologist but I do wonder about those managers. Do they feel insecure, or feel the need to assert themselves by bullying others?

I've been self-employed most of my working life and although I'm happy to put the occasional longer week in, I make sure I never work excessively long for an extended period. That helps to promote productivity, efficiency, quality and work satisfaction - benefiting both me and my business (which are basically the same as I'm a sole trader).

Re: Long hours <> productivity

heyrick

" or feel the need to assert themselves by bullying others? "

Having recently watched a number of Korean dramas on Netflix, and marvelled at the values dissonance where it seems almost normal for bosses that fail to take it out on their underlings, usually physically, I would say very much this. The owner kicks the director who kicks the manager who kicks the assistant who kicks the dog.

The examples come from above, that's where change needs to come from. The problem is, convincing those at the top of the need to change. Because if you can get a sweet bonus for grinding your employees for six twelve hour days, there's not going to be much incentive to change anything.

" your productivity simply goes downhill "

So very much this too. People burning out just aren't effective. Better to work less to be better rested to concentrate more. Especially in a job where a good degree of concentration is necessary.

Re: Long hours <> productivity

GuildenNL

I've been working in Korea for 30+ years. I wouldn't say it is an across the board norm in the society, but it certainly is prevalent in certain industries, mainly not in the roles where knowledge is a key component.

And I am speaking of the hours worked. However on the "stuff rolls downhill" side, it definitely is a cultural attitude.

Re: Long hours <> productivity

Stuart Castle

When I was younger, I was happy to work all the hours needed to complete whatever project I was assigned to. I still am to some extent, often staying a little late if needed. Sadly I don't get paid overtime.

I would frequently work 12 hour days, sometimes being tired enough that I'd go straight home, have my evening meal then go to bed.

That, psychologically speaking, isn't good, IMO. II don't think I ever got a great night's sleep, as I wasn't really relaxed when I went to bed. Even if I work late now, I prefer to go home, spend an hour or two doing something I enjoy at home, then go to sleep.

One project I was involved in was setting up an exhibit for a local artist. She used our equipment and rooms, and I was providing equipment, technical support and some staff.

We worked from 9am to 9pm, 7 days a week for nearly three weeks. By the end of it, I could barely think, or even remember what day it ways, let alone do anything remotely productive.

As a thank you, the artist concerned, who had been apparently handsomely paid for this exhibit, made a big thing that we was taking all the staff out for a few drinks after the first day of the exhibit. I, and the technicians helping me, gratefully accepted the invitation, hoping she'd take us to the local pub, and say we could order whatever we wanted in reason. Most of us would have taken a pint of beer or lager.

Nope. She did take us to a local bar. The ponciest, most expensive bar in the area. She also insisted on ordering Gin and Tonics. Not being a fan of either Gin or Tonic, I downed mine, made my excuses and left. I only downed it because that drink was the closest the Artist came to actually saying "thanks", and I was damned if I was going to let her get away without showing some appreciation.

Anyway, I digress. I took a few days off because I don't think I would have been productive without being rested. There have been times since where I've had to work excessive hours for a few days, but I always try and take time off.

In fact, I would argue that any business that relies on it's staff doing that day to day isn't being run efficiently, because those staff probably aren't working to the best of their abilities.

Re: Long hours <> productivity

jason_derp

"...I would argue that any business that relies on it's staff doing that day to day isn't being run efficiently, because those staff probably aren't working to the best of their abilities."

If you don't have to stack up bodies for daily removal and the shareholders are happy, why bother changing anything? Do 996 and die at age 40 of a heartattack in an apartment with a spouse who hates you and child you'll never see. Cattle are cattle regardless of the style of their mouth noises.

Life in the Chinese tech business is pretty awful

Anonymous Coward

For many, it’s get up, work out, breakfast on the move, on the way to the office, work, lunch at the office, work, evening meal on the go, while travelling home, then bed. Food and transport is cheap. Napping at the desk is considered acceptable. Society is pretty much structured for mobility and long hours. I don’t see how that is productive or sustainable because it is week in/week out rather than an occasional sprint to a deadline*.

* Which many of us will put up with, from time to time, especially if the bonus or equity scheme is decent, transparent and delivers.

Potemkine!

employees often do so – either because they don't see any other option, or on the promise of future pay-offs in the form of stock options. The options rarely materialize, despite the tech companies themselves often thriving.

China is a capitalist country in many aspects, isn't it?

allowing three children per couple

That isn't a good thing, until we are able to export people to another planet.

Anonymous Coward

"That isn't a good thing, until we are able to export people to another planet."

The number aims merely at maintaining the population at its current size, not increasing it. Their current fertility rate is way below 2, which means their population is only increasing because it's getting older.

Richard 12

The rest of the world is rapidly approaching the same point. There are far more pensioners per worker in eg Europe than there have ever been before, and the ratio is getting worse.

If you're under 50, don't plan on ever retiring unless you are a politician, civil servant or "top" banker. You won't be able to afford to.

VicMortimer

China is a fascist country. They've got all the components, official discrimination against ethnic minorities, concentration camps, slave labor, government in bed with big business, nationalist propaganda everywhere, arbitrary changes of laws coming from a dictator at the top, military buildup, the whole thing.

And it's cute that they call themselves 'communist' or 'socialist' because they're about as far from it as they could possibly be. They've got virtually no social safety net, no single-payer healthcare, very limited free public education, and wealth gaps as extreme as anywhere on earth.

And the rest of the world is still in the 'appeasement' phase.

jason_derp

"They've got all the components, official discrimination against ethnic minorities, concentration camps, slave labor, government in bed with big business, nationalist propaganda everywhere, arbitrary changes of laws coming from a dictator at the top, military buildup, the whole thing."

So do a lot of countries not normally considered "fascist". China's not special unique in that regard. Either many modern countries are fascist, or it's a meaningless word.

Pascal Monett

Replace "concentration camps" with "prisons"and "slave labor" with "economical slaves" and you've got the USA.

So China is progressing !

Pascal Monett

Seems like this is the right time to link to [1]this .

[1] https://www.youtube.com/watch?v=2LyzBoHo5EI

A.P. Veening

And the really stupid thing is, that it doesn't even work. Doing that much overtime just means you are making more mistakes which you will have to fix the next day, completely negating the overtime productivity and usually even more. I once managed to convince an employer that structural overtime wasn't worth it by showing him (the next day) some mistakes I made by being too tired. Subsequently he checked with some of my colleagues and found the same problem. After that, structural overtime was not allowed anymore instead of promoted.

... Any resemblance between the above views and those of my employer,
my terminal, or the view out my window are purely coincidental. Any
resemblance between the above and my own views is non-deterministic. The
question of the existence of views in the absence of anyone to hold them
is left as an exercise for the reader. The question of the existence of
the reader is left as an exercise for the second god coefficient. (A
discussion of non-orthogonal, non-integral polytheism is beyond the scope
of this article.)