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Chinese Authorities Say Overtime '996' Policy is Illegal (reuters.com) 127

China's Supreme People's Court said the overtime practice of "996", working 9 a.m. to 9 p.m. six days a week, is illegal, taking aim at the controversial policy that is common among many Chinese technology firms. From a report: China's top court and the Ministry of Human Resources and Social Security on Thursday published guidelines and examples on what constituted as overtime work, saying they were focusing on the issue as it had attracted widespread attention recently. While the authorities used a case involving a parcel delivery company to explain why "996" was illegal, working such hours had become a badge of honour for some Chinese companies and employees.

Silicon Valley heavyweights such as Sequoia Capital's Mike Moritz have highlighted it as a competitive advantage the country had over the United States. But a backlash surfaced in 2019, prompting a public debate about work hours in China's tech industry that has continued. Last month, TikTok owner ByteDance on Friday said that it would formally end its weekend overtime policy from Aug. 1, two weeks after its short-video rival Kuaishou announced a similar decision. The court and ministry's criticism of "996" also comes amid a wide ranging Beijing-led regulatory crackdown on country's technology giants that has targeted issues from monopolistic behaviour to consumer rights.

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Chinese Authorities Say Overtime '996' Policy is Illegal

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  • by Rosco P. Coltrane ( 209368 ) on Friday August 27, 2021 @10:34AM (#61735639)

    The employees spend too much time being watched by their companies and not enough time being watched by the party.

  • Well it's about time (Score:5, Interesting)

    by The Real Dr John ( 716876 ) on Friday August 27, 2021 @10:38AM (#61735645) Homepage

    US capitalists have been sending jobs overseas for years because of their low wages and poor worker protection laws. Now maybe that will be coming to a slow but definite end as countries like China crack down on worker abuse. Maybe it will catch on in other countries where workers are regularly abused and exploited by corporations. I recommend Noam Chomsky's new book, Consequences of Capitalism" if you are interested in reading about it.

    • by BytePusher ( 209961 ) on Friday August 27, 2021 @10:56AM (#61735707) Homepage
      This will absolutely have a global impact. what we are seeing is China returning to it's Socialist/Maoist ideals, but this time from a position of power and having learned from the mistakes of the past. US corporations were correct, they couldn't compete on a level field with China due to labor conditions. But what they're about to find out is that they also can't compete with a highly cohesive economy where there is drastically less duplication of effort. Meaning, less duplication of effort due to extreme private ownership and competition. US style capitalism has come to mean monetary churn, over production ultimately leading corporations to becoming wards of the state for the sake of private hoarding of capital. China has the political will and mandate to circumvent these pathological outcomes of capitalism, while still maintaining the primary benefits of a market based economic model.
      • by algaeman ( 600564 ) on Friday August 27, 2021 @12:01PM (#61735923)
        This has nothing to do with socialist ideals. This is the party feeling like they are losing control of the workers (money) to Chinese capitalists. As soon as they get all the Jack Ma types to get back in line and kickback the proper amounts to their their local "communist", the party will find it very easy to overlook any excessive overtime issues.
        • by angel'o'sphere ( 80593 ) <angelo.schneider@nOSpam.oomentor.de> on Friday August 27, 2021 @01:15PM (#61736129) Journal

          the party will find it very easy to overlook any excessive overtime issues.
          Unlikely, as "the party" aka the government has to pay for the sicknesses of its workers, oops - citizens.

          I really wonder why /. is so full with completely idiotic ideas about China and its party.

          • They don't, though. China and the US are essentially the only semi-developed countries in the world that don't have universal healthcare.

            • China has universal healthcare since Mao took it over.
              Oops ...

              (And they had it roughly 3000 years - yes that is one three with three zeros - before that time under emperor rule)

              China is after/besides old ancient Egypt the leading country with universal health care, and I doubt it was dropped during the turmoils of the wars between WWI and WWII)

        • by phantomfive ( 622387 ) on Friday August 27, 2021 @01:24PM (#61736153) Journal

          In the 2010s, there was a big controversy in the CCP. Should they focus on rapid growth, or focus on making the country more equal? People were taking sides.
          Xi Jinping came along and said, "Let's focus on growth and focus on making the country more equal. Do both." That is how he came into power.

        • by AmiMoJo ( 196126 ) on Friday August 27, 2021 @01:33PM (#61736175) Homepage Journal

          It's got nothing to do with that. The fact is that even though Xi is a monster he does genuinely care about poverty and raising the living standards of Chinese citizens.

          996 is a hold over from the bad old days. There was little else to do and everyone was doing it. It's a hallmark of poverty. Xi hates the thought of people living that way.

          • All world leaders with power are monsters to one degree or another. And if you really want to talk about monsters, the liberal western leaders are the worst among them. Even Democrats supported the violent fascist coup in Bolivia and some random unelected guy who claims by his own authority to be president of Venezuela. The US has millions in prison, almost 10x per capita than any other nation on earth, even the supposed bad ones. France still charges former African colonies for the benefits of colonialism
          • Yes, but THEY'RE OUR monsters.
      • by lorinc ( 2470890 )

        Or all investments will go to other countries with absolutely no labor law, like in Africa for example, to be able to drive production costs low and keep a good (and adjustable) margin. And China won't be able to compete against that just like the West couldn't.

        Note that it's a good thing to improve the condition in said countries though. for what we see of the Chinese example, exploitation seems better than misery.

      • what we are seeing is China returning to it's Socialist/Maoist ideals, but this time from a position of power and having learned from the mistakes of the past.

        It's not clear that they have learned from the mistakes of the past.
        The only way communism can work is without violent suppression of mass segments of the population.

        • Huh, have you ever looked at the US incarceration rate or history of always being in righteous war? One might think looking only at the data US style capitalism requires violent oppression to maintain itself. Of course, there are plenty of excuses for the Korean War, Vietnam War, Iraq and Afghanistan, Libya, Bosnia, all the wars and conflicts in South America.. Oh and you know, still struggling to give former slaves ancestors equal rights after murdering Black leadership during/after the civil rights protes
          • The US never tried to be communist, so your comment is a strawman at best, at worse a knee-jerk response without even reading what you were responding to. Don't do that.

            • Exactly, the US has always been capitalist and has always used violent suppression to maintain it. So maybe work on your reading comprehension.
            • Looking at this more. I would like for you to break down how my reply used a strawman fallacy or a knee jerk response? I responded directly to your unfounded assertion that communism requires "violent suppression of mass segments of the population," with actual historical evidence of the US enforcement of Capitalism.
      • It's not about "Communism", "Socialism", or "Maoist ideals", it's all about authoritarianism.

        PR China is the world's largest corporation, using state-sponsored capitalism; everyone is born into the system and there's no way out. The heirarchy are there by familial power, wealth, and/or political wrangling, with new blood rising up from outside through meeting corporate objectives. All are there because they can squeeze the most out of their individual fiefdoms - eehrr - divisions, and chant the corporation'

    • by Mascot ( 120795 ) on Friday August 27, 2021 @10:58AM (#61735709)

      Do you mean to imply that the US has decent wages and good worker protection laws? Better than China's, granted, but actually decent? From where I'm sitting, the lower class in the US seems to be outright predated on and lacking any meaningful workplace protection at all.

      • by nucrash ( 549705 )

        I wouldn't say good, but better than some other countries.
        Other countries have better protections still.

        The U.S. worker protections are middling at best. We are going to need more union protections to improve this and unfortunately we haven't been pushed there yet.

      • Perhaps you could provide some detail. From where I sit, it seems the software dev boys are the ones emulating China's work schedule, not the "lower class", whatever that pompous statement means.
      • Actually fairly awful. It was "good" when we had strong unions, but interest in unions has been decreasing and corporate crackdown on unions has been increasing steadily since the 60s.
      • 1 in 100 U.S. workers works for Amazon, where people have to pee in bottles and an ambulance is on standby for the inevitability of someone passing out on shift. Similar conditions exist at many of the other "gig" economy jobs.
      • Do you mean to imply that the US has decent wages and good worker protection laws? /quote

        You should watch the Netflix Documentary American Factory. It's pretty interesting.

      • Do you mean to imply that the US has decent wages and good worker protection laws? Better than China's, granted, but actually decent? From where I'm sitting, the lower class in the US seems to be outright predated on and lacking any meaningful workplace protection at all.

        Well - where are you sitting from. Seems that your premis is among the worst in the world - so give me some citations on how the wealthy are being predators.

        \ Considering that at a certain point the less prosperous can get free child care free cell phones, free WIC, medicaid, massively subsidized Section 8 housing. What is your demand - Make poor people have to spend nothing at all? otherwise they are being predated?

        I've already provided the citations in previous posts - but you need to prove your ca

      • by AmiMoJo ( 196126 )

        If lower wages and fewer worker protections were that attractive then manufacturing would move from Europe to the US.

        The reason it goes to China is not because labour is cheaper or people work longer hours, it's mostly because they have built up their supply chains to be world-beating. If you build anywhere else you will just be shipping components from China to that place for assembly, which adds delays and means you need to store them or try JIT.

    • Re: (Score:3, Insightful)

      Do you really believe that a regime that deals with demonstrations by sending in the army to slaughter thousands actually "cares" about worker abuse ?

      All these recents anouncements by the CCP about worker rights, privacy protection, etc are just the usual CCP propaganda trying to convince the naive and gullible that the CCP are actually the Good Guys (tm).

      • by AmiMoJo ( 196126 )

        You realize that was 32 years ago?

        Current policy is driven by Xi Jinping, and he hates poverty. More than he hates Uighurs even.

        If you stop imaging China as some sort of cartoon villain, twirling it's moustache and cackling manically, and actually look at Xi's background, he does actually care about reducing poverty and abuse of workers.

        Of course it also has the added benefit to him that it makes him more popular and keeps him and the CCP in power, but none the less the attempts to improve conditions for th

    • I agree. That said it's been funny seeing China crack down really effectively on worker rights abuses and issues we struggle to deal with over here like unfair app store practices, etc, pretty much effortlessly. If it weren't for their genocide of the Uyghurs and rampant corruption China would almost seem pretty based at the moment.
    • The irony that this abuse occurs in a communist country while complaining about capitalism lol.

      BuT rEaL SoCiALiSm HaS nEvEr BeEn TrIeD!1!1!1!1!1

    • US capitalists have been sending jobs overseas for years because of their low wages and poor worker protection laws. Now maybe that will be coming to a slow but definite end as countries like China crack down on worker abuse.

      Companies will just reclassify their employees as independent contractors. Just watch.

    • Capitalism is the exploitation of man by man.

      In Soviet Russia on the other hand ... uh ... wait a minute...

    • US capitalists have been sending jobs overseas for years because of their low wages and poor worker protection laws. Now maybe that will be coming to a slow but definite end as countries like China crack down on worker abuse. Maybe it will catch on in other countries where workers are regularly abused and exploited by corporations. I recommend Noam Chomsky's new book, Consequences of Capitalism" if you are interested in reading about it.

      Differential outlook. It is not surprising that manufacturers look for the least expensive way to make what they are making.

      Now what happens, is that after a certain amount of time, those low paid workers do indeed raise their standard of living. Eventually the country where the jobs went will then lose jobs to other lower paid countries. https://www.outsidethebeltway.... [outsidethebeltway.com]

      Parts of this were to avoid Trumps tarriffs, but https://asiatimes.com/2020/11/... [asiatimes.com]. Thailand to Vietnam https://vietnaminsider.vn/th [vietnaminsider.vn]

      • by cusco ( 717999 )

        Then the jobs start to be done by robots. China is automating factories even faster than in the US and Europe (in part because they're newer installations so more flexible). Even the scum at Foxconn have realized that they can only abuse people to a certain degree before they start to fight back, so much of the iToy assembly lines are being automated as much as possible.

        • Then the jobs start to be done by robots. China is automating factories even faster than in the US and Europe (in part because they're newer installations so more flexible). Even the scum at Foxconn have realized that they can only abuse people to a certain degree before they start to fight back, so much of the iToy assembly lines are being automated as much as possible.

          I've long said that we have to prepare for the Post-work world. There has to be a tipping point. While early industries that automate recognize temporary profits, in the long run, we are reducing customers.

          Things like economy of scale can be lost, as well as non-working people don't buy much, go on vacations, and have money to spend.

          Now it is beyond any doubt that this is going to happen. But in typical human fashion our lack of planning might make the situation rather deadly. Nothing like a horde of

          • by cusco ( 717999 )

            Boston Dynamics Spot is on the verge of being able to replace most security guards. Garbage collection is being automated in Europe. John Deere's 'precision farming' is replacing farmhands while improving the productivity of farms. Improvements in reliability have decimated the market for PC and server techs. Facebook is checking code and automatically fixing errors. An AI can scan pathology slides for several types of cancer faster and more accurately than a human. A team of lawyers found 85% of erro

            • Boston Dynamics Spot is on the verge of being able to replace most security guards. Garbage collection is being automated in Europe. John Deere's 'precision farming' is replacing farmhands while improving the productivity of farms. Improvements in reliability have decimated the market for PC and server techs. Facebook is checking code and automatically fixing errors. An AI can scan pathology slides for several types of cancer faster and more accurately than a human. A team of lawyers found 85% of errors inserted in a pile of contracts in 8 hours, an AI found over 90% in 26 seconds. Automatic transcription and calendaring/groupware has taken a huge bite out of the call for secretaries. Long haul truck drivers are likely to be a thing of the past within a decade, along with most heavy equipment operators.

              It's a new world. I'm not sure if it's exciting or scary.

              If we plan well, it can be exciting. I suspect we won't plan, and do a big quick depop.

  • by QuietLagoon ( 813062 ) on Friday August 27, 2021 @10:56AM (#61735699)
    He was a CIO, and he flat out told me that he expected me to be in the office until 8 or 9 each evening and one day on the weekend. I told him that I usually did work tasks at home in the evenings and on weekends, but he would have nothing of that. He wanted me in the office. He was never able to explain why I had to be in the office instead of doing work at home.
    • Simple: he didn't trust you. He thought you'd be working more if you were in the office.

    • Ask him if he wants people to get shit done or people who waste his time. Personally, I'd prefer the former, but if he prefers the latter, hey, to each their own.

    • by skam240 ( 789197 )

      I hope you left the company ASAP. Sociopaths like that need to be shown that's not okay since they clearly can't understand that on their own.

      Personally, I don't think there's a wage high enough for me to work 996 but then I'm not the materialistic type. Yeah, sure, if it's crunch time I'll pitch in for the team but 996 as a lifestyle is horrible.

      Of course I'm lucky enough to live in a nation wealthy enough to where I can find decent enough work at decent enough pay without giving up my personal life. I ass

    • My experience with those C-levels that demand these kind of crazy hours is that they're in the office on those hours but they're goofing off two thirds of the time. My favorite was an article about CEOs and how hard they work that followed the CEOs throughout their day and for some reason the person writing the article didn't think to edit out all the parts where they were taking a break, watching their kids, or just plain not working. Every single CEO worked about 4 to 6 hours a day and booked 12 to 16. Th
  • China's Supreme People's Court said the overtime practice of "996", working 9 a.m. to 9 p.m. six days a week, is illegal, taking aim at the controversial policy that is common among many Chinese technology firms.

    Will this also apply to Foxconn workers [nikkei.com] assembling the iPhone [bbc.com] and other gadgets [bbc.com] who work 60+ hours through forced overtime and night shifts [chinalaborwatch.org]?

  • by Somervillain ( 4719341 ) on Friday August 27, 2021 @11:04AM (#61735731)
    I know Jack Ma is rich and to some simple minds, that means he knows what he's doing and his products are better, but as a bystander, does 996 make the product better? Why isn't the world dominated by firms who believe in his methology?

    In software, you have 6h of peak creativity, tops....if you're good at it. Hours 7-12 are mostly garbage. If you're smart, you do stupid tasks for an hour when you arrive and an hour before you leave...e-mails, forms, update your Jira tickets, etc. I assure you that most of those 72h worked are garbage that produced little value. I bet most of the employees were just trying to look busy.

    Ask any experienced programmer. We get these delusions that we'll stay up late and "crank this one out." I'm fucking old as shit and still get about 5 cups of coffee in me and fall for the delusion. With each hour, you do less and less productive work, spend more time spacing out, and most importantly, make more mistakes. I've had many evening crunches for clients where I felt good leaving the office late...at night, seeing all the city lights and commuting home on the subway with drunk party people instead of routine commuters like me. Then I wake up the next morning, review my work and it's fucking garbage. I've had many late nights of work, where I've had to throw it out because the tired brain hones in on details rather than considering the big picture...plus you just work so much slower with each hour. You're really impaired. It's fun to ride the adrenaline and its super macho to say you stayed up so late, but when my coworkers do it, my first reaction is..."I hope someone else carefully reviewed your work."...it's a reaction of suspicion and dread, not admiration.

    But my experience aside, by logic, we should be dominated by 996 firms. This is nothing new. All the top games should come from 996 shops. All the best business software should...all the best devices. They should be the most innovative in the world. I know Google, Tesla, and Apple are not 996 shops. You're expected to work hard, but most Googlers I know leave after 8h. A 12h day is definitely not routine for them.

    OK, TikTok is successful, but is it really that impressive? Do normal software companies look at TikTok and think "Man...I wish my team could put out quality like THIS!!!"

    For industry insiders, we know that it's not about working hard. Working hard is useless. You want to work smart. You can dig a big hole with a bunch of hard working ByteDance employees and shovels or just hire an excavator and do it for a fraction of the cost and time. Results matter, not effort. Shitty employees usually whine about how hard they worked...mostly because it's a metric that's hard to disprove. Good employees brag about what they delivered, not how long they spent working on it. The best programmers tend to deliver code pretty fast with fewer lines than less experienced ones.

    I think Jack Ma is either a fool or cynic. I don't know enough about him to say which. Either he's a true believer and thinks he's making a difference and is blind to the evidence against it...or he's a cynic treating his company like a cult. By forcing a culture where your life is ByteDance and nothing else matters, you retain your top talent...and use 996 as leverage...oh, you want to go home before 9PM? If you really please me and deliver above and beyond, I'll let you go home at 8pm and see your kids before bed...otherwise, stay until 9 like the rest of the schlubs. ByteDance is your family now!!! Forget your wife, your kids, your loved ones, we're all you need!! It's sick and disgusting...but most importantly...is it worth it to an investor or consumer? There's no evidence 996 produces better results and the most successful and admired companies don't do shit like this. It makes Jack Ma rich, but it doesn't make his products better.
    • by VeryFluffyBunny ( 5037285 ) on Friday August 27, 2021 @11:33AM (#61735827)

      You're not only right about coding & intellectual/knowledge work, it's also true about factory workers. Anything over 35-40 hours (Does that figure ring any bells?) is chasing diminishing returns & employers just end up paying more for the same productivity & having to implement more elaborate & comprehensive quality controls to catch anything that needs 'do-overs.' Overtime does work in the short-term if used sporadically but once it becomes habitual, the declines in productivity start to kick in. There's more than 100 years of research on this. Executive hubris is too dogmatic to overcome. They want everyone to work themselves into dysfunctional relationships with their families, no friends, ill-health & a shortened life-span... just like they do.

      Please remind me again... why are we spending so much time at work?

    • > All the top games should come from 996 shops.

      Yeah. And all the top games ship with so many defects that they launch a >10GB update immediately after you put the disc in for the first time. And Sony, at least, somehow manages to have such a dodgy network stack on the Playstation that what should be a 20-minute download on my home internet usually takes hours before I can actually play.

      That should say plenty about the effectiveness of "crunch time" and "996" in producing quality product.

      • LOL... my bad. I read that as "All the top games come from 996 shops." without the "should". But considering the news that's come out about the working conditions at EA, Rockstar, Blizzard, and the like over the past several years; I think my brain was just correcting for an erroneously-added word in the original sentence.

      • Work culture produced results that are usually visible. If a theory on business is superior, it should show results within 20 years. If it doesn't, it's a religious belief, at best. I am skeptical game studios need to abuse their employees. I have never been a game developers, so I can't know for sure, but I know that in business software, it pays to be slower and more methodical....but then again, it really matters if our product ships with bugs. You don't discover a video game's bugs until you've pai
    • by leonbev ( 111395 )

      Yeah, I'm curious how many hours of actual WORK a developer working the 996 schedule accomplishes in an average week. I'd imagine that it's around 30, like most other software development houses. The rest of the time is spent socializing (if you're stuck in the office, that's where you're going to socialize!) and fixing defects from the prior nights sloppy coding binge.

    • by AmiMoJo ( 196126 )

      Ma is 56, he's old enough to remember when 996 was a necessity for most people in China. Poverty was everywhere and 996 was the only way to drag yourself out of it.

      From his perspective it may even have worked, since China got a lot richer and most people have a much better standard of living now. Worse still, he sees these young people who just want to do 9-5 and then enjoy the rest of their lives as lazy. He did 996, why shouldn't they? Why should be pay them good wages just to slack off and only do half a

      • From his perspective it may even have worked, since China got a lot richer and most people have a much better standard of living now. Worse still, he sees these young people who just want to do 9-5 and then enjoy the rest of their lives as lazy. He did 996, why shouldn't they? Why should be pay them good wages just to slack off and only do half a day's work?

        We are seeing the same thing in the West due to the pandemic. Some folk think that people absolutely must be in the office, it's how they have always worked and how they think they get the best from people. Maybe they spent most of their career in an office with shitty work/life balance, so why would these kids have it easier and expect good money for it?

        Data matters. Jack needs to collect it. 996 is a leap of faith, but there's no evidence and a micro or macro level it achieves the stated goal. Working hard is nothing new. If working hard was the major factor in success, you'd see a very clear trend of the top companies that produced the best product working harder. 996 is extreme for most of the globe. If 996 was based in fact and reality, the world would be dominated by East Asian companies. EVERY European car maker would be failing. I don't know

    • 996 get applied to everybody. So if you're an auto mechanic you're busting your ass on cars 70 80 hours a week. Same goes for factory workers, restaurant workers, dock workers and you name it.

      Indian farmers were working so hard that they weren't stopping to drink water and we're getting kidney failure. The local doctors thought they'd found some new disease and there was a huge panic until they found out it was just the old disease of poverty and exploitation
    • by sjames ( 1099 )

      There's the thing about very rich people. We'll discount the trust fund babies, that took no skill of any kind (though people may for some reason assume they have some). Then there's those that started rich and got richer. They may have some skill, but it's a lot easier when you're born on 3rd base. Just as common are those who started rich and churned a lot to slowly bleed off their wealth. They tend to proclaim themselves geniuses and people who don't look closely at the books may believe them. Finally, t

  • Workers must like working, so more work for everyone!

    Whenever the PRC sides with labor it is pure coincidence. Despite having a socialist revolution they never handed any real power over to workers. Contrary to the charter of their own Constitution.

    P.S. yes, China a one-party socialist republic [non-democratic]. The concept of communism is kind of meaningless now that they've moved so far away from that "experiment"

    • Communism will work great as soon as they remodeled man into someone who prefers working to earning money.

    • by cusco ( 717999 )

      Bad as it might be, China's current government is still orders of magnitude better than what it replaced. Millions died of starvation every year, not because of shortage of food but because it was more profitable to export that food so starving peasants couldn't afford it. The generation that remembers that life are almost all gone now, but it's still very much in the consciousness of the entire country what life was like before Mao.

    • China considers itself democratic. Like every other one party system.
      To vote, you join the party, and vote for the factions inside of that party.
      You obviously also vote about who is in the party leadership etc.

      They consider multi party systems as evil as it promotes factions that want to pull/push the country into different directions, instead of working together and compromising.

      A two party system, with an idiotic election/voting system, is the worst of all "democratic" systems.

  • factory's will take an hit from this!

  • Whether it's because you envision yourself as some sort of programming superhero or your too focused on a salary - you're an imbecile. Life outside work is far more important than life inside.

    If you think you really need that job to support your life style, you've conflated need and want again.
    • Some people love what they do so they put in the extra hours. Others do it only for $$$. Others put the extra hours because others do it and they do not want to look bad by comparison. US sucks because of the fact for decades, managers pushed the image that if you don't put extra hours you are a slacker and there are no laws against that for 'professionals' which everyone but hourly workers has been classified as although in the grand scheme of things, a keyboard jockey is no more professional than any othe
      • by cusco ( 717999 )

        I used to be a theatre techie (lights, sets, props, etc.) in my early 20s, and 100 hour weeks were our norm. It was love for the art, and pride in our product. Then I met a couple of 40 year-old theatre techies and thought, "Holy crap, I don't want to be like that."

  • Silicon Valley heavyweights such as Sequoia Capital's Mike Moritz have highlighted it as a competitive advantage the country had over the United States
    That is nonsense. It is a disadvantage. They will be sick often, the work quality will be bad etc. p.p.
    You probably have a high rate of people leaving for minimal better paid jobs etc.

  • They also do unpaid overtime that is not just illegal but just as bad.

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