Research On Legal Protection Of Laborers’ Right To Rest Under Flexible Working Hour System

The flexible working hour system is a special working hour system arrangement established in accordance with the Labor Law and Measures of the Ministry of Labor on Review and Approval for Enterprise Implementation of the Flexible Work Hours Work System and Generalized Calculation of Work Hours Work System(hereinafter referred to as the "Review and Approval Measures").Since its establishment,the relevant provisions on the protection of workers’ rest right under this system have been in an ambiguous and incomplete state.After that,in the process of implementing this system,many regions have refined and adjusted this system in different degrees through the form of normative documents,but still failed to effectively solve this problem,and to a certain extent,it has resulted in the disunity between the unified national legislation and the normative documents and judicial practice in various regions.In recent years,there have been frequent cases of employers violating workers’ right to rest by using legal loopholes,including some well-known enterprises,such as GE,one of the global top 500 enterprises However,due to the legislative defects of the flexible working hour system itself,the protection of workers’ right to rest under this system has not been properly solved.Therefore,it is imperative to modify and improve the relevant legislation of the flexible working hour system.This article hopes to analyze the current situation and existing problems of the protection of workers’ right to rest under the flexible working hour system in China,and then put forward the ideas and legislative suggestions to improve the protection of workers’ right to rest under the flexible working hour system in China.The first chapter introduces the concept of working hours system and flexible working hour system,and sorts out the application conditions of flexible working hour system from the specific application objects of flexible working hour system and administrative approval procedures,and then expounds the protection mechanism of workers’ right to rest under flexible working hour system.Chapter two,from the perspective of labor security legislation and administrative approval legislation,explores the relevant legislation of the protection of workers’ right to rest under the flexible working hour system,and analyzes the relevant provisions of the protection of workers’ right to rest from the legislative intent of labor legislation and the relevant provisions of the legal text,pointing out the legislative defects of the protection of workers’ right to rest under the flexible working hour system,such as The scope of working hours,extension of working hours and paid annual leave are not specified.Chapter three,guided by the problems existing in the judicial relief of the protection of workers’ right to rest under the flexible working hour system,adopts an empirical research method to analyze 43 cases,and on this basis,demonstrates the practical problems and the root causes of the protection of workers’ right to rest in the judicial relief under the flexible working hour system.Chapter four,from the path of perfecting the right to rest of workers under the flexible working hour system,respectively,puts forward corresponding legislative suggestions on the working time range,extension of working time remuneration,paid annual leave,approval standards and follow-up supervision procedures,etc.