The Right And Interests Of Workers Under The System Of Irregular Working Hours Are Protected

With the rapid development of economy and the adjustment of industrial structure,China’s manufacturing-based industrial model has gradually deepened the financial industry and service industry.Under the new normal economic situation,the Internet is becoming more and more closely integrated with all kinds of industries,and "novel" jobs are emerging one after another,such as electronic competitive operators,remote education in the education industry,in the restaurant industry and food delivery business,the nature of the work in the service industry is obviously different from dominant traditional manufacturing standard working hours.Informal labor system is concerned by all walks of life and enterprises because of its flexible and competitive employment arrangement.There are many problems in the implementation of the irregular working system.If the applicable standard of irregular working hours is not clear and the worker’s right to rest is not guaranteed.Does laborer get overtime pay to did not have clear regulation?The lake of supervision mechanism and punishment measures and the like.In judicial practice,in order to maximize benefits,enterprise expands the scope of application of the irregular work system,and the irregular working system is not restricted by the daily and monthly extension of working hours stipulated by the labor law.Avoid paying overtime.Treating irregular as non-timed,increasing the Labor quota at will to exploit workers’ rest time.At the same time,also violated the legitimate rights and interests of informal workers.This paper hopes to explore the realistic difficulties faced by the irregular working hours system by taking the legislative intention of the labor law as the starting point,so as to put forward targeted suggestions to improve the irregular working hour system.The first chapter,which is the introduction,introduces the research background and significance of the protection of workers’ rights and interests under the irregular working hours system,and sorts out relevant domestic and foreign literature respectively,and summarizes the research status of the irregular working hours system at home and abroad.The second chapter explores the current situation of the protection of labor rights and interests of the irregular working hours system in China from the perspective of the legislative provisions of the "the irregular working hours system" and the current judicial judgment of the "the irregular working hours system" in China.Guided by the problems of "whether the laborer can get overtime pay under the irregular working hour system",On the basis of the empirical research on 95 judicial cases,this paper demonstrates the practical problems and the fundamental causes of the protection of workers’ rights and interests in the judicial practice under the system of irregular working hours.The third chapter,starting from the legal provisions of the irregular working hour system and the status quo of judicial trial in China,points out the legislative defects in the protection of workers’ rights and interests under the current legislation of the irregular working hour system and the problems in the implementation process of the irregular working hour system.For example,the scope of application of the irregular working hour system lacks clear applicable standards,the approval process of the implementation of the irregular working hour system has no rules to follow,the right of rest of the workers under the irregular working hour system cannot be guaranteed,and whether the workers under the irregular working hour system can get overtime pay.Chapter Four,from the perspective of improving the protection of workers’ rights and interests under the irregular working system,by referring to the operable provisions on the irregular working system promulgated by various provinces and cities in China,Suggestions are put forward on the applicable standard,working hours range,overtime wage payment standard,examination and approval procedure,and subsequent supervision and punishment mechanism of the implementation of irregular working hours system.