The Study On The Legal Guarantee Of Employees’Rest Right In Private Companies

The right to rest and our life, with the progress of science and technology, labor efficiency, improve the denotation and connotation of the right to rest is endowed with new era meaning, the growing importance of the right to rest. It is not only related to the survival and development, but also involves labor efficiency and social long-term development. The protection of the right to the worker and perfect can effectively raise the work efficiency, and create more profits for the enterprise. But as a result of a series of reason, our country worker right to rest and can not get effective guarantee.Based on the definition of the right to rest on the basis of the concept of, from the right of legal theory, constitution, labor theory of value and other aspects firstly, clarify the legal attribute of the right, from the legal definition of the right to rest; And then further discussed the theoretical basis of the right, it is concluded that the rationality of the right to rest there, and then from the Angle of realistic inductive China corporation employees the right are infringed by the present situation and characteristic; Finally find out the right are not effectively guarantee corporation worker legal reasons, and based on this, puts forward several Suggestions to perfect our country’s worker the right security system.The first part of this text puts forward the legal attribute of the right, from the rest of the right and legal definition of put forward when the right to rest is written into the constitution, it shows that when state after a bear the full realization of the basic obligation. As a civil rights, and as a separate specific personality, to the protection of the right to rest should not be confined to the ordinary civil rights protection methods and scope. At the same time, the value of the right of citizens to do the analysis, the right to rest to laborer, society, unit of choose and employ persons, it has very important significance.In the second part, this paper puts forward the theoretical basis of the right employees. Shanghai from legal principle, the right to rest is not only ensure the economic rights and decent work performance, but also the embodiment of the people-oriented concept. From the constitution foundation, labor efficiency concept and benefit the common idea of the right to rest on the reviewed research.The third part of this paper, in order to representative employees work overtime, for example, points out the characteristics of the right infringement. Has disguised and universality, And from the infringement on the main body, find the right infringement of also show some of the characteristics of the initiative to give up.The fourth part, analysis the the right infringement law factors, these factors are mainly embodied in the protection of the right legislation is insufficient, lack of the Labour administrative departments of supervision, the worker don’t understand to exercise their rights and union no effective play a role, etc.This paper from the fifth part to perfect the current laws and regulations, strengthen labor supervision departments supervision dynamics and strengthen the role of the workers congress of worker of the right legal protection to make the analysis.Through the above research, this paper concluded that corporation employees the right are infringed by the reason can be summed up in four aspects to protect the right of the legislation is insufficient; The Labour administrative departments lack of supervision; Employees do not understand the exercise of power and Labour union no effective function and so on four aspects, these four aspects seemingly independent, in fact is closely linked. Imperfect legislation will give law enforcement bring cannot cast difficulty, law enforcement is lax lead to the employee’s right to rest become a dead letter. Workers enjoy the right to rest as the main body, the infringement behavior to unit of choose and employ persons to maintain a high level of alert, and trade union as the employee’s strong backing, whether the strong directly related to the laborer and unit of choose and employ persons in the interests between can win.