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Is it legal for Nanyang Tobacco to force employees to live in the workplace?
I. The legal basis is based on the document "Reply of the Ministry of Labor on the implementation of flexible working hours and comprehensive working hours system for some types of work in enterprises affiliated to the State Tobacco Monopoly Bureau" (No.222 issued by the Ministry of Labor [1996]).
(a) some senior managers of enterprises engaged in tobacco monopoly supervision and inspection personnel;
Purchasing supply and marketing personnel, full-time drivers, goods distribution personnel, drivers of long-distance transport vehicles and parking personnel in enterprises, warehouse keepers such as tobacco leaves and cigarettes;
Some equipment maintenance personnel, some non-productive duty personnel, some service personnel, loading and unloading personnel in various warehouses, firefighters and those who need flexible working due to the special nature of their work can implement flexible working hours.
(two) engaged in tobacco planting, acquisition, redrying, deployment, storage and transportation of some personnel can implement the annual comprehensive calculation of working hours.
Second, the requirements of the Tobacco Bureau are legal. From this document, we can know that planting, acquisition, redrying, allocation, storage and transportation and some people realize the comprehensive working hour system, that is, the comprehensive working hour system with annual cycle.
When the enterprise thinks it is necessary, it can adopt the way of "centralized office", and in the peak season of production and procurement, it can adopt the way of "centralized rest, rotation or flexible working system".
The advantage of this is that it not only guarantees employees' vacation rights, but also ensures employees' safe production and production and operation tasks. Standing guard at the grassroots level and sticking to smoking posts still have free time outside work, and the right to rest and free time are inviolable.
Third, changing work style is the key foundation. The reason why employees complain like this is because this way of working runs counter to the original work rules, but there are laws to follow in terms of jurisprudence and management, and there is no violation.
The current practice is only to correct the original wrong practice, so the essence of this incident is to change the work style.
Nanyang has decided to "rectify the work of cadres", and the Tobacco Bureau, as a municipal unit, should respond positively. Work style rectification activities must also be carried out seriously within the system, and labor discipline, as the most basic work style requirement, must be strictly observed.
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