A Study On The System Of Laborers' Right To Rest

Human rights are being highly valued and respected as extremely important rights in today’s society.As important human rights, the laborer counterpoises is also respected by the whole world. Thus, among many laborers’ rights, the laborer counterpoises can not be ignored.Although the research on the right to rest occupies an important position in human rights research pedigree of the modern international community, the study of the right to rest is relatively slow in China. The laborer counterpoises has been violated quite ofen in reality. Under the background of the very limited social resources and extremely serious employment situation in our country, the maintenance of the right to rest of workers has its reality and urgency.Therefore, the study and perfection on the legal protection system for the right to rest has great practical significance.About what is laborer counterpoises, it means that the labourer are entiled the rest and holiday rights in the process of labor process and indirect labor in brief, it includes various contents, and has a certain legal value and social value at the same time. Although our constitution as well as labor law and other relevant laws for the laborer counterpoises made rules, but the law is not perfect, the protection of laborer counterpoises system in addition to the legislative defects, still existing the defects of administrative law enforcement and the judicial relief. So this paper through comparing the regulations for the United States, France and Germany, found to draw lessons from the experience of our country.Through the analysis of the above, in the last part of the article from the aspect of legislation, administrative law enforcement and the judicial relief level as well as relevant supporting measures puts forward the measures to improve the system of laborer counterpoises. Legislative Suggestions from two levels of perfecting labor law and other relevant laws, in order to provide legal protection for the system. The improvement of the administrative law enforcement and the judicial relief from two aspects of the protection of laborer counterpoises system also has the vital significance. I put forward my own views about related supporting measures in the last part, emphasizing the labor union’s role of safeguarding legal rights and enhancing humanistic care for workers, the move can be all-round and multi-angle in playing the role of escorting for the system of laborer counterpoises.