Research On The Protection Of Laborers’ Rest Right Under Special Working Hour System

In the existing labor legislation demands according to different requirements of the industry and unit of choose and employ persons,the workers’ working hours and rest rules to make two kinds of specification,standard working hours system and special working hours system has been formed two kinds of working mode,including general and special working hours system known as the standard man-hour system,consists of integrated computation man-hour and duty.On January 1,1995,the "Measures for Examination and Approval on Enterprises Implement Unfixed Working Hours System and Comprehensive Calculated Working Hours System" came into effect,thus opening the application of special working hours system in China.Rich as our country industry structure,the rise of emerging industry rapidly,unit of choose and employ persons the need for flexible employment continues to grow,make based on standard working hours system for special working hours system innovation,get the favour of a large number of unit of choose and employ persons,but due to the system from the beginning of set up regulations for protection of laborer counterpoises is in a state of fuzzy,causes much less than the system in the legislative level.Although the local labor administrative departments in the process of implementing this system through the form of normative documents to refine or adjust,but failed to effectively solve this problem.In recent years,with the popularity of the "996 working hour system","death by overwork" incidents occurred frequently.However,restricted by the legislative defects of the special working hour system itself and the limitations of protection measures of the right to rest,the protection of workers’ right to rest under the system has not been properly solved.Throughout the world’s major developed countries working hours system and the right protection of the right protection system of mature or not is closely related to country’s level of economic development and industrialization degree,compared with the major western developed countries,industrialization in China started late,but rapid growth of economic level in the ensuing economic growing with the protection of the right between insufficient contradictions gradually revealed.This paper aims to the special working hours system for research in our country,combining with the relevant non-standard working hours outside of part and the right protective measures,to improve the special working hours security problem put forward the proposal of the laborer counterpoises,aiming at special working hour system under laborer the right protection and sustained growth in our economic level in the search for more adaptable to the "balance" of social development.This paper is analyzed by normative analysis,comparative analysis and other research methods.First of all,in the first part of the text,the system characteristics of the special working hour system and the protection of the right to rest and other basic theoretical issues,and the current relevant legal norms in China are summarized;Second,in the second part of the body,combined with the part of the developed countries or regions outside of laborer counterpoises security mature experience,from the aspect of special working hours system legislation rules and administrative safeguard level and labor autonomy level of our country current under special working hour system,summarized the status quo and summary the protection of laborer counterpoises,through special working hour system of working hours standard,applicable scope,the right infringement of the illegal cost,labor inspection and labor autonomy five point of comparative analysis,summarizes the problems;Finally,in the third part of the body,the outside experience and summed up the problem,according to our country’s "Special Working Hours Management Regulations(Draft)" the legislative tendency,puts forward the special working hours system strengthen the idea of the perfect suggestion and laborer counterpoises security,to perfect our country laborer counterpoises under special working hours system security research.