Kangqiao GNDC Technology Co., Ltd.

Recently, "Apple Shanghai Generation factory 4 workers died, including a 15-year-old child", the Apple and its foundry Pegatron Joint Technology Co., Ltd. (hereinafter referred to as "Heshuo Union") confirmed. But Apple and Heshuo both responded that the investigation showed that the cause of death was not related to working conditions (see the December 13 News Morning A14 edition).

Reporter investigation found that Heshuo joint staff deaths actually occurred in its subsidiaries-located in Pudong Road No. 3668, GNDC Technology (Shanghai) Co., Ltd. (hereinafter referred to as "GNDC technology").

The Kangqiao, a large foundry in Pudong, covers an area of more than 3,000 acres and employs 10余万名 employees, and nearby restaurants, supermarkets and post offices have been labeled "GNDC", "almost a ' Chang '."

Heshuo in an interview with the Morning News reporter admitted that the death of 4 employees in the legal day 8 hours of work outside, there are overtime, some at the weekend, some in the evening. Heshuo has queried their monthly working hours, which are within 60 hours of the time agreed with the client (Apple), i.e., the weekly working hours. The staff also stressed that the staff's overtime is voluntary.

Reporter interview found, "want to work overtime also can't add" in Chang is not an exception. In normal thinking, overtime is certainly irresistible, not to mention weekends or evenings. What is the reason for them to "voluntarily" work overtime? As a Chang with 10余万名 workers, how could this "voluntary" overtime work become a norm?

"Double plus" can take two thousand or three thousand more.

GNDC term "double add": Overtime on weekends

December 13, Lunch hour, a woman wearing a blue leather jacket looked around the factory door, seems to be waiting for someone. Her surname Wu, 7 factory a workshop shift workers.

"I am waiting for my husband, he is 7 factory line, do day shift." "Xiao Wu is 25 years old, but looks older than her age, dry skin and a ponytail with a simple hair." She told reporters that from the beginning of this year GNDC to work, she has been here for nearly a year, but the post is still worker.

"Before I in 5 factory, later my husband managed to transfer me to 7 plant, 7 factory Live more, income also increased accordingly." Xiao Wu said that when she first arrived at the 7 factory, when busy almost weekly "double plus", one months a rare break for a few days. "Double add" is a "GNDC" is known as a "term", refers to "weekends are overtime."

"Overtime how good ah, you think feel not easy, but go in to know, is to repeat the same work, simple no pressure, not tired." Xiao Wu said very lightweight, she said that night shift is usually 8:50 in the evening, most of it is close to 9 o'clock in the morning the next day, looks like 12 hours of work time has two meals and two rest time, net working hours in 10.5 hours or so. "On weekends, everyone will have to work overtime, because there are double overtime pay." Xiao Wu said that, in addition to the high season shipments are particularly large when they will be asked to work overtime outside the weekend, usually weekend overtime, "voluntary" ingredients more. "We work overtime worker, one months can get more than 5,000 yuan, you do not work overtime to take two thousand or three thousand, you do not want to AH." ”

She jokingly told reporters that the team leader once wanted to "match" their young couple to a production line, but she refused. "I'm afraid we'll fight at work," he said. "Xiao Wu said that they have a 2-year-old daughter, but also in Shanghai to buy a small set of housing, by both parents out of a down payment, the current mortgage repayment."

Before leaving, Xiao Wu reminded reporters, if the work is in order to save money, but do not go to the factory: "They do not even do 3 Hugh 4, a rest on the money to spend, can not save AH." ”

I miss overtime for the off-season.

GNDC term "next shift": 8 hours of work stipulated in the employee's charter.

A petite figure carrying a large bag of snacks, from the bus station to the factory slowly. Short hair, jeans and powder coat, the childlike face was blown red by the wind. Her surname is yellow, from Anhui, GNDC 3 factory line of worker.

"Went to the supermarket, bought a big bag of snacks, a week's work and a vain." Xiao Huang said slightly shyly. She has just turned 20 years old, after graduating from secondary school to the county where the town to work, then a monthly salary of 1100 yuan. "The girls back home are usually in KTV, teahouse, clothing store, hotel these places to work." "A chance, she in the fellow's introduction, take a long-distance bus came to Shanghai, through the GNDC interview."

Xiao Huang is on the day shift, how can we come out to buy snacks in the afternoon of Friday? "Recently is the off-season, we are responsible for assembling the product sales is not big, so toil." Xiao Huang said that in recent weeks, they have done 4 Hugh 3, earning far less than the peak season.

"We are very busy now, want to work overtime also cannot add, unlike 6 factory, 7 factory." Xiao Huang told reporters that she had just arrived six months ago is catching up with the peak season, the intensity of work is not the same as now. "I do the day shift, 9 o'clock in the morning to 9 o'clock, noon and evening total 1.5 hours of meal and rest time." ”

Even in the off-season today, the workday is 12 hours a day.

"Generally cannot ' the early morning ', if does have the matter, must to the leader approval." "Xiao Huang's" next morning shift "is also one of the" terms "of GNDC employees, which means that for day workers, from 9 o'clock in the morning to 5 o'clock in the afternoon, that is, the 8-hour working hours stipulated in the employee's charter will be off duty. "I really miss working overtime when I'm busy." Xiao Huang told reporters that in recent months, they have almost no weekend overtime indicators, and in the peak season has always been "double plus." To this end, Xiao Huang made three reports to the team leader, applied for transfer to 7 factory, but no work and return.

"The application was dismissed, because there are too many people who want to go to the 7 factory, a radish a pit, someone out to let people into it." After a succession of rejected, Xiao Huang, she said to do a few days to leave formalities, back to the Spring Festival. Will it come back next year? She said she was going to do it again.

[About social]

"Friend" is QQ on the bright head

The big boy had a yellow, and the sea was almost covered by half his face.

"I am in 5 factory, do iphone, 5c." He spoke shyly, and even embarrassed to look at reporters.

He was Xiao Wang, when he met, he was working with his coworkers to go to the intersection of the ATM to save money. From Qujing, Yunnan, he was born in 1997 and just 16 years old. He studied in Guangdong for 3 years and spoke with an obvious Cantonese accent. "I graduated with a job assignment, but I did not go, I would like to visit Jiangsu and Zhejiang area." So he ran to the factory in Suzhou.

3 months ago, a group of employees, including him, were redeployed to support the Shanghai GNDC. "Working days count down 120 yuan a day, weekend may work overtime, calculate overtime." ”

He had been in the GNDC for 3 months and had been accustomed to the rest of the day: from 8:30 to 8:30 A.M., 12 hours, including 1.5 hours of eating and resting.

Xiao Wang's job is to test the mobile phone, the whole stand. He describes his work so well: "Put the phone on the machine, the machine will automatically run the test software, try to see if the phone can be used, such as the camera is not normal ..."

For life in the factory, most of his evaluations are "still available": Dormitory up and down, 10 human, one months to pay 120 yuan, the room "also can", eat "also can", the factory to 288 yuan meal fee, eat super on their own pay; work environment "also can" ...

Speaking of income, he also said "it's OK". "Mainly see Add not overtime, last month did not work overtime only 1800 yuan, a little less." He said, no class can add, he has no way, this month's weekend, he added class, "You can get more points."

In addition, his usual expenses also only go to the Internet café, an hour 2.5 yuan. The cost of getting rid of the Internet, he usually can save 2000 yuan per month. Overtime, he is expected, because 1 hours of overtime paid 13.97 yuan, can let him on the net 5 hours.

"Do you usually socialize?" ”

What？ ”

"Just ... Do you have any friends? Do you usually meet them to chat? ”

In addition to the coworkers standing nearby, he said "yes" and pulled out a cellphone-Lenovo's big-screen touchscreen phone from his trousers pocket. His QQ hangs "online", he pointed to the strange name above, saying "This is my friend".

The 1000-dollar cell phone is "social" in his eyes.

Finish, he immediately close the program off the line, is very cherish the flow.

[About the future]

"It's impossible to live here forever."

When the reporter was talking to Xiao Wang, his coworker-another boy was waiting quietly. His surname Liu, from Jiangxi, a year older than Xiao Wang, like Xiao Wang, in the 5 factory line as a tester.

Xiao Liu is responsible for the mobile phone's WiFi function test. Speaking of work, he exudes a faint pride in his words. "The WiFi test for each cell phone takes 120 seconds and we have more than 200 uph in the peak season, so we need to test multiple phones at the same time." He immediately explained that the UPH was meant to yield per hour. "It is off season, but Uph still has more than 100, one day to detect more than 1000 units." ”

"Do you feel tired of doing the same job every day?" "Facing the reporter's question, Xiao Liu admits that the work is indeed relatively single, but because of his adaptability is good, although only after three months, has been accustomed to the work, also used to the life here."

Xiao Liu said that he would usually play basketball with his coworkers, and occasionally go to Internet cafes to play games. He lived in a dormitory of 10 people, and he lay down with Xiao Wang.

He seemed indifferent to working overtime. "Overtime is not as scary as others say, nothing. Xiao Liu told reporters, the workshop so many women workers are willing to work overtime, as boys apparently no reason to escape.

Talking about the future, Xiao Liu is confused. "Not for the time being." This factory is a good platform, here is to hone their own. Even so, Xiao Liu revealed a hint unwilling: "After all, it is not possible to work here for a lifetime, after a year to consider these." ”

[Lawyer Analysis]

"Soft forced" overdraft body voluntary overtime time is also illegal

In contrast to the outside imagination, many GNDC employees interviewed by reporters do not hate overtime, and many even look forward to working overtime, or simply applying for transfer to "live more" in the 7 factory.

In the labor law of Shanghai Chen Haijie law firm Director Lawyer Chen Haijie View, causing employees and companies to form such a "soft forced" overtime tacit understanding of the reason there are two: "The first is the temptation of interest, each worker wants to obtain higher labor remuneration, due to low base salary, overtime pay is rich, So that employees are flocking to overtime, followed by the surrounding people, including enterprises to create a morbid atmosphere, everyone in overtime, their own under the invisible pressure to the reality of compromise. ”

Chen Haijie that this kind of "soft mandatory" overtime tacit understanding, perhaps can let the staff obtain a good reward, but the high workload is a kind of overdraft on the body, may be the future of their own labor rights formation impact.

Article 36th of the Labour Code stipulates that the State shall implement a working hour system in which the laborer does not exceed 8 hours per day, the average working time of no more than 44 hours per week, and that the employer should ensure that the worker rests at least once a week. The 41st article of the labor Law stipulates that if the employer, as a result of production and business needs, after consultation with trade unions and workers can extend the working hours, generally not more than one hour per day, for special reasons need to extend working hours, in the protection of workers in the conditions of health to extend working hours daily not more than three hours, But not more than 36 hours per month.

"Under the law, employees who work overtime for more than 36 hours a month are violating the labor law, whether the company directs or the employee voluntarily." "Chen Haijie said, GNDC Technology (Shanghai) Co., Ltd., although the recruitment of employees do not make a written request for overtime, but there is a clear provision for overtime pay, and the staff's overtime calculation base for the monthly basic salary, that is, the Shanghai minimum wage standards, in his view, such provisions do not meet the standards

"If the wage items of the labor contract are divided into ' basic salary ', ' post salary ', ' Shing ' and so on, it should be based on the sum of all wages as the basis for overtime pay, with ' basic salary ' alone as a base of calculation is not in accordance with the provisions. Chen Haijie said that the actual wages of employees (including wages, bonuses, allowances, subsidies) should be used as the basis for overtime, but excluding overtime, food allowances and labour protection subsidies.

GNDC was fined last year for overtime work.

Apple has said that there is a clear agreement with the generation of factories in the time of employment. The latest progress report on supplier responsibility includes the code of Conduct on labour rights and human rights. "The Apple supplier Code of conduct limits the weekly working hours to within 60 hours (except in exceptional circumstances), and all overtime must be voluntary." ”

Heshuo also acknowledges that employees ' working hours are in line with the Heshuo-customer (Apple) agreement. "According to different product planning, some production lines appear on weekends overtime." However, each employee's monthly working hours are in the statistics control, controlled within the standard range. As for overtime, the employee came in with a clear notification. ”

Heshuo Union staff also stressed to reporters that staff overtime is voluntary, Heshuo joint also regularly feedback to the work hours to Apple.

Recently, the Pudong New Area Bureau of Labor and Social Security Supervision Brigade in the interview with other media has said that, as Apple's processing enterprises, GNDC Company's number of employment in the city's first, is the urban two-level labor supervision departments of the focus of supervision enterprises. And just last year, due to overtime, the Labor Inspectorate has GNDC companies have been punished.