| As a special working hour system in China,the irregular working system meets the flexible employment needs of Chinese enterprises in varying degrees,and the demand for flexible working hours is more obvious in the post-epidemic era.Since the irregular working system has been established for more than 20 years,the imperfection of the system itself gradually appears in practice.For example,the concept of irregular work system,the scope of application,the extension of working days and rest days,the overtime pay of legal holidays and other issues are not clear enough,the vast majority of irregular workers’ overtime pay is only realized through judicial decisions.At the same time,the detailed implementation of the system by local law enforcement agencies is also difficult to follow up to varying degrees,which leads to the frequent occurrence of negative phenomena that enterprises wantonly use the irregular working system to extend the working hours of workers in disguise and infringe upon the rights and interests of workers’ rest and remuneration,especially the rights and interests of the "busy people" such as the poor who are deprived of overtime pay by applying the irregular working system.Similar flexible working hours system has also been implemented in other developed countries.After analyzing the judicial precedents of irregular workers asking for overtime pay in the past three years,the author finds out the focus of controversy in judicial practice.based on the Marxist concept of equality,this paper analyzes the equal rights of workers with different working hours system to receive overtime pay,and puts forward different overtime pay protection schemes for workers of different job types.On the basis of drawing lessons from the legislation of similar working hours system in the United States,Germany and Japan,this paper puts forward perfect paths and legislative suggestions to improve the overtime wage rights and interests of workers with irregular working hours in our country. |
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