Study On The Legal Protection Of Workers’ Right To Rest Under Irregular Working System

In recent years,China’s economy has been developing rapidly,the industrial structure has been adjusted and optimised,new industries are emerging,and flexible employment is on the rise in the employment volume of employers.China’s current legislation,based on the characteristics of different industries and the demands of employers,provides for the working hours and rest time of workers,forming the irregular work system.However,since its inception,the provisions on the protection of workers’ right to rest have been ambiguous and difficult to implement.In recent years,the high speed of the economy has given rise to working hours such as "996" and "007",which infringe workers’ right to rest,and "overwork" and "sudden death" are frequent."However,due to the shortcomings in the legislation on irregular working hours and the restricted protection of workers’ right to rest,the issue of protecting workers’ right to rest under irregular working hours has not been well resolved.The working time system and the means of protecting workers’ right to rest in the world’s major developed countries show that the maturity of the protection of the right to rest is closely related to the level of economic development of the country.Compared with the developed countries in the West,China started industrialization late,but in recent years,the economy has developed very rapidly,and with this comes the contradiction between the growing economy and the inadequate protection of the right to rest.The aim of this paper is to study the irregular work system in China and to make suggestions for improving the protection of workers’ right to rest under the irregular work system,in order to find a balance between the protection of workers’ right to rest under the irregular work system and the continuous growth of China’s economic development.In the first part of this paper,we analyse the concept of irregular working hours and workers’ right to rest,analyse the concept of irregular working hours and the conditions for its application,elaborate on the value of workers’ right to rest and its manifestation under irregular working hours,aim to clarify to a certain extent the concept of irregular working hours and workers’ right to rest,and promote the implementation of workers’ right to rest under irregular working hours from the declaration of the right to its implementation.The second part of the paper analyses the problems in the implementation of irregular working hours in China,and summarises the inadequacy of the legal protection of irregular working hours,the shortcomings of the administrative activities of irregular working hours and the difficulties faced by workers and employers in negotiating with each other;the third part of the paper describes the mature experience of some developed countries in the protection of workers’ right to rest.Finally,in the fourth part,by summarizing the experience of the above-mentioned overseas countries in protecting workers’ right to rest,and in view of the problems that exist in the process of protecting workers’ right to rest under the irregular work system in China,it is suggested that the irregular work system should be improved at the legislative level,and the conditions of application of the irregular work system should be optimized.Finally,the collective bargaining system should be improved by refining the provisions on collective bargaining,regulating the guiding role of public authorities and strengthening the status of trade unions,with a view to providing ideas for improving the protection of workers’ right to rest under the irregular work system in China.