Research On Integrated Calculation Hours Work System

The working hours system is the core issue of the Labor Standards Law.The comprehensive calculation of working hours is a type of special working hours system(also known as non-standard working hours system),which was established in the 1990 s.In the development process of more than 20 years,the comprehensive calculation of working hours has provided flexible employment forms for enterprises and laborers,which has promoted the production and operation of enterprises,saved labor costs,and improved production efficiency.However,with the continuous development of the social economy,major changes have taken place in China’s industrial structure,social organization,market demand and types of work,and the trend of flexible working hours continues to increase.The reform of the system has seriously lagging behind the economic development.In the course of operation of the comprehensive calculation working hours system,enterprises have blindly applied for the abuse of the comprehensive calculation working hours system in order to reduce costs;behind this is the result of the joint action of legislative,administrative and other reasons.This has led to the infringement of laborers’ related rights and interests,triggered unnecessary labor disputes,and further affected harmonious labor relations.The purpose of this article is to explore the problems and the reasons behind the practice of comprehensive computing working hours in practice and propose corresponding solutions.To be divided into four parts:The first part: Starting from the labor dispute case between Chen and Zhenxing Company,by analyzing the focus of the dispute in this case,it leads to the reality that there are many legal gaps in the application process of the comprehensive calculation of working hours and the serious infringement of workers ’related rights and interests.The second part: sort out the historical evolution and development status of the comprehensive computing working hours system,indicating that the comprehensive computing working hours system has undergone tremendous development,but the development between various regions is very uneven.This explains the abuse problem in China’s comprehensive calculation of working hours,and lays the foundation for the following analysis of the reasons behind the system’s problems.The third part: combining the case analysis and the history,development status and problems of the comprehensive calculation of working hours,analyzes the reasons behind theabuse of the comprehensive calculation of working hours in practice from the perspective of legislation and law enforcement.The fourth part: In view of the abuse of the comprehensive working hours working system and several major reasons mentioned above,combined with the "Special Working Hours Management Regulations(Consultation Draft)",it proposes to improve the legal system,improve the approval mechanism,and implement the collective consultation mechanism.