Judicial Cognizance Of Violation Of Workers’ Right To Rest Under Irregular Working System

Article 43 of the current constitution expressly establishes the right to rest as a legal right.Subsequently,the legislature introduced specific legal norms relating to the right to rest at both the central and local levels,ensuring that workers’ right to rest is legally enforceable.In reality,the status quo of workers’ right to rest is not optimistic.The emergence of Internet buzzwords such as “996 working system” and“Death from overwork” challenges the authority of the law,the implementation of the special working hour system has pushed the issue of the right to rest to the climax of public opinion.The regulations of special working hours system in our country are more general and vague and scattered in the standard texts of different ranks,and the scale of applying special working hours in different places is more flexible and random,the special working hour system meets the needs of economic development and further increases the risk of infringement of workers’ right to rest.Public opinion often sums up the reasons for frequent infringement of the right to rest from the perspective of imperfect legislation and weak workers’ awareness of safeguarding their rights,few people study the plight of Workers’ rights protection in judicial practice from the perspective of the judiciary’s recognition of the infringement of the right to rest.In this paper,the representative irregular working system in the special working hours system is chosen as the starting point,and it is found that the workers’ right to rest under the irregular working hours system is more vulnerable to the employers’ infringement than other working hours systems,the road to judicial protection of their rights is more difficult.A large number of judicial decisions are studied by empirical and normative analysis,it can be concluded that the system of working hours affects the judicial determination of the violation of the workers’ right to rest,that there are differences in the degree of judicial protection of various types of right to rest,that there are disputes among the parties concerned about the implementation of the system of irregular working hours,and that there are differences in the standards of whether the system of judicial determination of irregular working hours is established or not,the conclusion is that it is difficult for the workers’ right to rest under the irregular working system to be protected by judicature,and the lack of systematization of the legal norms of the right to rest leads to the differences in the degree of judicial protection of various types of the right to rest,the characteristics of irregular working hours make it difficult for the legislature to issue detailed rest standards to protect the rights and interests of workers,and the lack of legislation on the determination standard of irregular working hours leads to the failure of the judicial practice to form a unified determination standard.Based on the existing problems in judicial practice,the author puts forward three legislative proposals to perfect the mechanism of protecting the right to rest: strengthening the systematization of the relevant legal norms,protecting the categories of workers according to the characteristics of irregular jobs,and giving consideration to the legality and authenticity of the criteria for determining the irregular work system,make the irregular working system play its due value in the labor market.