Study On The Legal Problem Of The Identification Of "Overtime" Behavior Of Chinese Workers

With the vigorous development of China’s market economy,all industries burst out new vitality.But behind the continuous improvement of the national economy,the phenomenon of working overtime is more and more widespread.The increasing overtime,on the one hand,causes serious damage to the rest time of workers,on the other hand,continuously aggravates the psychological pressure of workers,and even directly leads to the "death of overwork" of workers,resulting in irreparable serious consequences.In this case,workers often resort to the law to help themselves out of difficulties.However,it is a pity that in the current labor laws and regulations of our country,there are no specific and clear provisions on the identification standard of workers’ overtime behavior.This often leads to judicial judges cannot rely on,arbitrary discretion;some should belong to overtime activities excluded from overtime.Workers often pay the labor payment obligations,but cannot get the corresponding consideration,resulting in a "dumb eat Lotus" embarrassing situation.In order to avoid this problem and protect the legitimate rights and interests of workers,it is particularly important to clarify the identification standard of overtime behavior.In addition,with the continuous change of the mode of employment,the dominance between workers and employers becomes weaker,and"employer domination" as the identification standard of overtime behavior is not suitable for the current situation.Therefore,this article from the purpose of labor legal relations-the performance of labor payment obligations to analyze the standard of overtime behavior in China.This paper discusses the identification of overtime behavior of workers in China through three parts.The first part is the introduction of the case and the summary of the focus of the dispute.This paper selects three labor dispute cases with similar cases but different results.In these three typical cases,the workers all have the behavior of"on duty" at night,and both the workers and the employers have disputes about the nature of the behavior.On the basis of combing three typical cases,the author summarizes the following two controversial focuses:whether on duty is overtime,and whether "labor intensity" is the standard of overtime behavior.The author has carried on the corresponding jurisprudence analysis in view of the above dispute focus.First of all,it gives an overview of some important basic theories in China’s overtime system,including the meaning and nature of overtime.Because overtime is to extend working hours,the definition of working hours is further clarified unnder the meaning of overtime.When analyzing the nature of overtime,the author summarizes three existing theories in the academic circle,and concludes that the nature of overtime should be the combination of "employer domination","practical work" and "interest orientation".Then,it analyzes how to identify the overtime behavior in the current legislation and judicial practice,and further analyzes the rationality and deficiency of the current identification standard of overtime behavior.Finally,based on the analysis of the nature of overtime and the evaluation of the current standards of overtime behavior in China,this paper puts forward some suggestions to improve the standards of overtime behavior in China.The author thinks that whether an act is overtime or not should be judged by whether the act conforms to the purpose of the labor contract(performing the labor payment obligation).And then consider whether the behavior is related to the job,and is dominated by the employer.At the same time,in the determination of overtime behavior,it is no longer confined to whether the workers reach an agreement with the employer when they implement the behavior.The third part draws the conclusion of this paper on the basis of full legal analysis of the focus of the dispute:in determining the legal nature of on duty behavior,it depends on whether it meets the identification standard of overtime behavior.The author believes that the part of duty related to the job that exceeds the standard working hours belongs to overtime,and the duty that is different from the job should specifically analyze whether it is performing the main labor payment obligations and whether it belongs to the arrangement of the employer.If it is arranged by the employer and exceeds the standard working hours,it is overtime;if it is not arranged by the employer,it is not considered as overtime because it is not to fulfill the main labor payment obligation and is not related to the job.In addition,the author thinks that labor intensity should not be regarded as the standard of overtime behavior.Then,on the basis of the conclusion of this study,the corresponding suggestions are put forward,which are:to clarify the meaning and definition of working time in legislation,to clarify the identification standard of overtime behavior,and to play the role of collective contract in the identification of overtime behavior.