Strengthen Workers’ Right In Irregular Working Hour System

China’s current labor legislation has made three kinds of regulations on working hours according to the needs of different industries and demands of enterprises,which corresponded to the formation of three different modes of working hour system:one is the standard working hour system,the second is the irregular working hour system,the third is the comprehensive calculation of working hour system.Among them,the irregular working hour system and the comprehensive working hour system,as the"special working hour system",have attracted the attention of all sectors of society and enterprises due to their flexibility in employment arrangements.As a kind of institutional innovation based on the basis of the irregular working hours system,the irregular working hour system,not only can let the enterprise arrange irregular working hours according to the actual demand for labor force so as to improve the Labor management efficiency of enterprise,the more important significance lies in guiding the society,enterprises and the general employees to form a correct market-oriented employment concept,thus promoting the harmonious development of China’s labor relations.With the advent of service-oriented society and the emergence of the service industry as China’s tertiary industry,the irregular working time system has been well applied and developed in the legal practice of all countries in the world due to its irregular and competitive enterprise employment arrangement,China has also made provisions and explanations on the applicable scope,examination and approval procedures,the right to rest and vacation and other related issues in the relevant labor legislation.However,in the implementation of the irregular work schedule,as the labor law problem generally has the stronger policy and the region problem,some related legal issues has gradually appears in each stage which are difficult to solve and regulate,for example,the scope of the staff is too vague and broad about the application of the irregular working hour system,the enterprise did not fully negotiate with the staff and listen to the opinions of the staff before the implementation of the irregular working system,how to reasonably determine the working time and overtime pay for the positions of the irregular working system,there are problems of fuzzy identification and non-standard implementation to varying degrees in the process of implementation.Due to the unitary and general legal provisions on the above issues in China’s labor legislation,it is difficult to cope with the increasingly complex enterprises laborrelations and the economic and social environment,resulting in the "gray zone" in a sense in the application of the law.From the perspective of judicial practice,some enterprises,in order to maximize their own interests,take advantage of the natural weak position of laborers in labor relations,infringe on the right to rest and pay of employees by expanding the scope of application of the unscheduled work system,separately stipulating the working hours of employees and the attendance system.In this article,the author use the case analysis,comparative analysis,semantic analysis and other research methods,first of all in the first part of the body start with the angle of goal-oriented concept from the perspective of labor law,on the basis of the discrimination of the characteristics of irregular working hours system,this paper elaborates on the necessity and practical significance of strengthening the protection of workers’ rights and interests under the current employment environment;Secondly,the second part of the body summarizes and analyzes the current situation of the protection of workers’ rights and interests under the flexible working system in China on the legislative rule level,the implementation and execution level,the judicial cognizance level under the irregular working hour system;the third part of the article proposed targeted and feasible ways to strengthen the protection of workers’ rights on the basis of the integration of the previous research results and tries to promote the construction of labor security of irregular working hours system so as to realize the long-term development goal of building harmonious labor relations.