| Generally,the employer shall stipulate the time arrangement for the work of the collective workers in the labor regulations.Meanwhile,the time and the period of work are agreed in the labor contract,so that the employees obey the instruction of the employer.Nowadays,employees often work overtime."Karoshi","overwork injury"and other events,which endanger employees' physical and mental health,happen frequently.However,the legislation of overtime in China is mainly stipulated in the labor law,which has been implemented for more than 20 years.The fact's changing promotes the progress of the law.In real life,there are many kinds of state of time,between work time and rest time,happening all the time.Therefore,legislation is needed,to clarify the concept of working time.Because working time belongs to the labor standards,we can only stipulate the minimum standards,the above part can only be determined by collective bargaining.This part of the law should not be involved,otherwise there is a misalignment,so it is necessary to legislate to safeguard the labor negotiation and establish the representation of labor union.The essence of overtime legislation is the compulsory adjustment of labor relations by the national public power.Capital is scarcity and exclusivity,in the process of labor,the employee is actually in a position of being governed and being governed,so there is only one basic principle of labor legislation:protecting workers' rights and interests.Under the guidance of this principle,the author focuses on the problems in the absence and practice of overtime legislation in China,and define the concept of working time,based on the legal working time benchmark,analyze the advantages and disadvantages of the five kinds of definitions of working time,in order to conclude the three main characteristics of defining working time:constraint,relevance and purpose.Then when researching the actual work time,the eight-hour workday has already been discounted.It's not just because of law enforcement,but legislation.The extension of work time can be defined after determining working time.When defining,it is inevitable to study duty shift,shift work,"karoshi" and "voluntary overtime",because these concepts are connected to the overtime work.The duty shift of official work is considered as overtime work,the duty shift of non-official work cannot be considered as overtime work and only be paid allowance."Karoshi" is actually overtime work and illegal behavior."Voluntary work" is caused by a variety of reasons,to a large extent is a kind of invisible forced labor.Only by clarifying these concepts can we provide a clear direction for regulating overtime.In an age when technology drives innovation and facts drive ideas,it's not time to take break time apart from working time.There's a lot in between.In this article,the author discusses three types of "times that are not completely considered as overtime":the time of preparation,standby time and call standby time.Then,it further analyzes the shortcomings of China's overtime legislation.The author starts from the uncertainty of definition of working time and overtime pay base,defects of labor union representation and labor supervision and enforcement lack.And by learning from overtime legislations of Germany,Japan and the United States,the author points out that the system of working hours should be improved through the legislation of break between work,the shortest break between work days,"karoshi"being included in the insurance coverage,unifying the overtime pay calculation base,improving the representational rights and labor supervision system. |
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