Research On The Legal Problems Of China’s Special Working Hour System

In December 2019,Wuhan suffered an outbreak of a new coronavirus called covid-19.By January 2020,Hubei province declared the city closed.The Chinese government has ordered control of all areas,asking people to stay safe in their homes and cut off the transmission routes.Many businesses closed,and workers waited at home for work or worked online from home.After three months of struggle,the new pneumonia was finally under effective control.During this period,many enterprises and institutions nationwide launch announcement,in the "special period" for special working hours system,such as Jilin province higher people’ s court a notice:"shall practise a system of flexible working hours,on February 9th February 3 solstice,led by the provincial court house and departments,head of a normal work,specific on-the-job personnel to be determined by the relevant departments." It can be seen that the special working hour system,if properly applied,can become a popular system in the society and form a new type of labor relations.The current legal system about the working hours applicable to establish a relatively long time,mainly based on the 1994 promulgated the "labor law" the fourth chapter,in the same year the original issued by the ministry of labor on the enterprise executes the duty and the measures for the examination and approval of duty of integrated computation man-hour system,and in 1995 the State Council issued "the provisions of the State Council about worker working hours" and other relevant provisions to perform.Rates low,particularly with regard to the provisions of the special working hours system those regulations,which presents a strong principle,refine on slightly inadequate,and modern enterprise business mode of operation and labor relations in the employment practices,great changes have taken place,so you need to our country current special working hours and the relevant provisions of the present situation analysis,to discover problems and find solutions.The author will discuss this from the following four parts.The first part mainly introduces the concept,nature,classification and significance of the special working hour system.First introduces the concept of the special working hours system,which made us to have a basic understanding and by analyzing the legal nature of special working hours system is intended to point out that the two theory doesn’ t get unified our country theoretical circle,in the public law and private law nature of the game,the more inclined to the views of the fusion,which leads to the author to this property.At the same time,it describes two kinds of classification of special working hour system:comprehensive calculation of working hour and irregular timing.Finally,the paper expounds the significance of the special working hour system to our country,and briefly describes the positive influence brought by the application of the special working hour system in our country.The second part introduces the legislation outside the region and its reference.By reading and studying the special working hour system of South Korea,Japan and the United Kingdom,the author puts forward some Suggestions for improving the special working hour system in China.The third part describes the problems of the special working hour system in detail,hoping to find the appropriate improvement method from the perspective of the research problem itself.For example,there is no unified upper law,too many examination and approval procedures,unclear scope of application,insufficient supervision of the special working hour system,insufficient provisions on overtime pay and rest.In the fourth part,the author mainly puts forward personal Suggestions from the aspects of legislation,supervision and law enforcement,such as raising the legal level of special working hours,abolishing the examination and approval mode,clarifying the scope of application,strengthening the construction of labor security mechanism,establishing an independent rest mode of special working hours system and improving the overtime pay provisions of China’s special working hours system.