Research On The Problems And Countermeasures Of Protecting Workers’ Right To Rest

The right to rest is the right of workers to rest and rest in accordance with the law or the labor contract.Protecting the right to rest not only helps to protect the individual freedom,dignity and quality of life of workers,but also meets the longing and pursuit of a better life.It also helps maintain and alleviate labor-capital contradictions,maintain social stability,and promote economic development,thereby playing a huge positive role in building a harmonious socialist labor relationship.At present,the relevant labor laws,regulations,and regulations such as the Labor Law and the State Council’s Provisions on Working Hours of Workers,etc.,are applicable to the working hours system,the leave system,overtime restrictions,and the corresponding liabilities for violations of the right to rest.With the more systematic regulations,a legal framework for protecting the workers ’right to rest has been basically established,which is in principle conducive to protecting the workers’ right to rest.However,the recent outbreak of the "996" work system violates the law requiring workers to work more than 11 hours a day,and may not be paid for overtime,indicating that workers’ right to rest is not substantially protected by law.We should reflect on the reasons behind the "996" illegal working system that employers dare to violate the law openly,and workers only resort to the Internet without seeking legal relief.By examining the laws on the protection of the right to rest in China,we have found that although the legislation concept,but the specific legislative thinking is deviated from the actual situation: on the one hand,the different needs of the workers are not fully taken into account,and on the other hand,the improper protection has caused workers to "voluntarily work overtime".And the specific content of legislation is relatively vague and backward.For example,working hours are not strictly defined,which leads to controversy in defining the actual working hours of workers;special working hours are lagging,procedures are rough and cannot meet the development requirements of the times;overtime restrictions are unclear,and employers arrange labor Those who work overtime are not subject to substantial restrictions,the overtime compensation mechanism is improper,and labor is “forced to work overtime”.In law enforcement,the administrative department in charge of labor inspection has a wide scope of supervision,the law enforcement efficiency is very weak,and because the cost of the employer’s illegal liability is too low,the law enforcement department cannot punish the illegal acts fairly,and the law enforcement authority is insufficient.Judicially,through empirical research on cases of disputes over the right to rest in judicial practice,the results show that labor arbitration in the judiciary raises the cost of labor rights protection,the burden of proof of the right to rest is not conducive to workers,and workers’ overwork injuries due to work reasons Insufficient relief.The violation of laborers’ right to rest is not a special case in China,and the same problem exists in other countries in the world.Based on comparative research,it can be seen that the labor benchmark laws formulated by the United States,Japan,and Germany have many experiences and lessons worthy of protection for the protection of domestic workers’ right to rest.For example,it provides specific methods for determining "working hours" in detail and establishes special institutions to supervise employees Units and workers who provide relief and who seriously infringe on workers’ right to rest may also bear criminal responsibility.Therefore,on the basis of considering China’s national conditions,we can adopt the detailed legislative design for the protection of the right to rest,specialize the law enforcement mechanism for the protection of the right to rest,and improve the judicial relief of the protection of the right to rest.Based on the basic theory of the right to rest,existing problems,and beneficial foreign experience,it is necessary to improve the protection of workers ’right to rest from the following paths: First,the legislative concept of rest protection should be clearly defined as“ inclined protection ”of workers,while balancing and respecting The interests of all parties;second,to improve the legal norms for the protection of the right to rest,first of all,to define the standard of "working hours" to facilitate the unified standard of judicial practice;secondly,to construct a special working hour system to meet the needs of the times in good faith,and then to regulate the restrictions on overtime in order to regulate Overtime arrangements for employers,and finally the overtime compensation mechanism will be adjusted to meet the different needs of workers and balance the interests of labor and capital.Third,to strengthen the enforcement of the right to rest protection,a special monitoring mechanism for the protection of the right to rest should be established,especially The scope of the monitoring of the right to rest and the establishment of a special monitoring team for the right to rest,appropriately increase the responsibility for violations of the law so that the punishment of the supervision department can restrain the employer from infringing on the right to rest of the worker,strengthen the guidance to the employer,and comprehensively use administrative guidance,administrative services,Administrative incentives Employers consciously protect the workers’ right to rest;fourth,to improve the judicial relief mechanism for the protection of the right to rest,to actively promote the connection between labor arbitration and litigation,reduce the burden of workers seeking judicial relief for the right to rest,and reasonably allocate the burden of proof of the right to rest to ensure labor In the judicial process,they can effectively protect their rights to rest,and include overwork injury and even overwork death into the work injury identification,so that workers’ physical and mental health damage due to work can receive judicial relief.