The Protection Of Workers’ Rights And Interests Under The Irregular Working Hours System

As part of the special working hours system,the irregular working hours system is an important part of the current working hours system,which is widely used in the production of Chinese enterprises.In 2012,the Ministry of Human Resources and Social Security issued the Notice of Soliciting Public Opinions on the Regulations on the Management of Special Working Hours(Draft for Comments)(hereinafter referred to as Draft for Comments).The National Development and Reform Commission will take Shenzhen as a pilot reform of the special working hour system to explore a special working hour management system in line with the needs of the development of The Times,so as to provide experience for the subsequent enactment of laws on the special working hour system.Under this background,how to effectively protect the legitimate rights and interests of workers under the indefinite working hours system is one of the core tasks to improve the indefinite working hours system at present.Aiming at the group of workers under the irregular working hours system,this paper studies the legal issues related to the protection of laborer rights and interests from four parts.The first chapter introduces the general theory of the protection of the rights and interests of workers under the irregular working hours system,including its origin and definition,a summary of its characteristics,introducing the rights and interests of workers under the irregular working hours system and the significance of protecting the rights and interests of workers under the irregular working hours system at present.The second part summarizes the current situation of the law on the protection of workers’ rights and interests under the irregular working hours system as well as the existing problems and reasons.Through the analysis of the national and local regulations on the irregular working hours system,the current legal status of the irregular working hours system is summarized.In addition,there are some problems in the application scope of the system for senior managers,mobile workers and new occupations,such as insufficient protection of the right to rest,and disputes in the judicial aspect.Through the analysis of the above problems,the reasons for the insufficient protection of workers’ rights and interests under the irregular working hours system are obtained.The third part analyzes the experience in the protection of workers’ rights and interests in the working hours system similar to the irregular working hours system in foreign countries mainly including the United States,Japan and Germany.By analyzing the applicable scope,applicable standards and other provisions of similar working hours system in foreign countries,feasible countermeasures for the protection of workers’ rights and interests under the irregular working hours system in the fourth part are put forward.The fourth part puts forward countermeasures to improve the protection of workers’ rights and interests under the irregular working hours system.First of all,it is necessary to construct a complete system of legal norms,refine the scope of application of the irregular working hours system,set horizontal wage standards,and set job responsibility standards for different occupational characteristics.Secondly,by clarifying the upper limit of working hours,implementing the rest and vacation system of workers under the irregular working hours system and setting reasonable labor quota,we can improve the relevant system of protecting the right to rest.In the application examination and approval link of the irregular working hours system,the prior consultation should be strengthened and the examination and approval procedure combining formal examination and approval with substantive examination and approval should be adopted.Finally,it is necessary to stipulate specific supervision system in supervision and management,set up an effective penalty mechanism,effectively stop enterprises from illegally applying the irregular working hours system phenomenon,and protect the rights and interests of workers.