Research On The Guarantee Of Worker’s Right To Rest Under The Irregular Working System

Under the standard working hours system,the working day does not exceed eight hours and the working week does not exceed forty-four.According to the literal interpretation,irregular working hours refers to a system of working hours in which there is no fixed working time,which is not subject to the eight-hour-a-day and regular commuting restrictions of the standard working hours system,and in which workers are able to work autonomously according to the characteristics of production.The regulations on irregular working system first appeared in China’s 1994 "approval measures on the implementation of irregular working system and comprehensive working hour system in enterprises"(hereinafter referred to as "approval measures"),in addition to the other provisions in Article 4,two paragraphs are used to specify the scope of employees who work irregular hours,such as field personnel,sales personnel,long-distance transport personnel,etc..These industries are in line with the social development at that time.With the development of the Internet big data era,emerging industries have emerged,such as express delivery,"ridehailing",take-out and other industries,the Base decided to base and superstructure,these industries if the application of the standard Eight-hour day rather rigid,because of the production characteristics,the work of the special expression will be more consistent.In practice,some enterprises take advantage of the situation,will not be in accordance with the standard eight-hour working hours of the implementation of the emerging industry,as the bottom of the term "other.".Article 7 stipulates that administrative examination and approval shall be required before the implementation of the irregular working hours system,but the scope of the relevant administrative examination and approval,there is no clear definition on how to carry out the system of checking attendance,working time,standby time and so on.The ambiguity of the scope of application of the irregular working hours system,the lack of clarity of the administrative approval system and the low awareness of the workers themselves in safeguarding their rights,etc.,led to the abuse of the working hours system by the management and forced the workers to "voluntarily work overtime" and sign the "striver agreement",the infringement laborer rests the right,even causes "the overwork death" the social phenomenon.The Constitution of the People’s Republic of China stipulates that workers have the right to rest.However,the current Labor legal system is mainly aimed at standard working hours system and the basis of the disputes arising from the irregular working hours system is insufficient.The main reasons are: the existing laws can not be applied directly,the administrative examination and approval is only a formality,the working hours,standby time,overtime pay and other issues are not clearly defined,which adds to the complexity of the interpretation of relevant laws,it also makes it harder for judges to judge cases.Through Comparative Analysis and case study,starting with the connotation of workers’ right to rest,this paper studies the institutionalization of workers’ right to rest under irregular working system,this paper also analyzes the reasons why it is difficult to protect the workers’ right to rest under the irregular working system,and puts forward some suggestions to improve the protection measures of the workers’ right to rest under the irregular working system.