Workers Leave The Legal Protection Of The Right

As Lenin said, one who is not aware of rest is not able to work. Having a holiday is of important meaning for work. In other words, having a holiday is to better work. Laborers are not working machine, and need to restore the vigor after work, so as to prevent the physical and psychological trauma by overstrain and tension. Having a rest or holiday is the best way. Only through the full rest, can laborers have the abundant vigor, active mind to make innovations and create more profit. Thus to protect holiday entitlement is actually a way to raise working efficiency. However, lots of enterprises reduce or deprive laborers'right to have a rest and holiday in spite of their physical and mental health. It is actually a wrong notion for capital owner. Physical health is the basic capital for work even all. If the enterprise would like to exchange the employees'rights and laborers'body with the immediate interests and profit, the enterprise would have a loss itself finally. Due to the imperfection of our labor law and regulation, the supervision of the labor department to the infringement of employees'holiday entitlement by enterprises is not active and forceful enough; plus China is a country with an excessive supply of labor force, and the laborers'legality consciousness is not so strong. Such reasons contribute to the common situation that lots of enterprises'employees couldn't or dare not to have a holiday, outstanding situation especially existing in the labor-intensive labor enterprises. It is so dangerous for the laborers to work overload, bearing huge physical and mental stress. Every laborer contributes to social wealth, but could not get normal rest and enjoyable life overtime; so for a long time the body would definitely be devastated, the psychological stress would be raised, even the slackness of work and protest to the employer would be aroused, and the development of economy and the whole society would be affected. Therefore, the enterprises should seek the economical efficiency and also emphasize on the protection of the employees'holiday entitlement, to raise the employees'working efficiency through the protection of the employees'holiday entitlement.Holiday entitlement is a realistic right for all laborers, and should be protected and carried out. Holiday entitlement is prescribed and guaranteed by the Constitution and Labor Law, with the tangible value;holiday entitlement is the rights of subsistence and development, providing the necessary time for laborers to restore physical strength and energy, the realistic support for laborers to enjoy their life and realize their dream; meanwhile, to protect holiday entitlement is to protect human rights, for the solid basis of the Constitution and human rights of the holiday entitlement. Therefore, the thesis elaborates the theory basis of holiday entitlement from the theory of working efficiency, human rights, and interest community, endowing holiday entitlement with more plentiful connotation and realistic basis. The thesis advances the comprehensive holiday entitlement, including both the physical holiday and the mental holiday. The government should improve the legislation to guarantee the treatment, welfare, salary of the laborers on holiday, which could make them enjoy a relieved and contented rest. The thesis also indicates the disadvantage of the current labor law and regulation on the protection of holiday entitlement, and the existence of the slack protection and unclear legal responsibility. When the holiday entitlement of laborers is violated, they should safeguard rights and apply for relief in many ways. Additionally, tort compensation should be written in law. To give the stricken laborers certain compensation of holiday and money reflects the genuine safeguard to the laborers.