Research On The System Of The Extension Of Working Hours

The system of the extension of working time is accompanied by man.hour system.Standard man'hour system is important for protecting the rights of workers to rest.And overtime system is seeking a balance between the rights of workers to rest and modem market economy conditions.Now the most of countries in the world have established the system of the extension of working time in their own laws,and SO have China.But the overtime system in practice is not implemented very well,excessive overtime phenomenon increasingly fierce, the serious infringed upon the lawful rights and interests of workers. The preface of this paper introduced Ihe definition of Ihe extension of working time.historical background of 8 hours standard system and reason of overtime system.ExceDt for introduction and conclusion,this paper is divided into six parts:The first part introduces about foreign overtime legislation and enforcement system,this section mainly introduces the typical several countries to work overtime issues in legislation and judicial practices characteristic.France and Germany are in the possession of powerful trade union,perfect legal system and pervasive welfare ideology.The right of labor to rest gets a comprehensive protection.Though the culture of the United States is from Europe,but in the process of development,it is influenced by liberalism.Most of time,this problem is settled by negotiations between capital and labor rather than labor law.So,excessive Over time working is serious in USA.Japan and South Korea is economic late.Development countries,plus east Asia influenced by traditional Confucian thoughts in this region effects,though in law about the regulations relatively complete work overtime,few are implemented,east Asia is the most serious areas on overtime working.The second part of the paper introduces provisions of Chinese law about the system of the extension of working time systemically.And problems are serious in China.According to the characteristics of the labor market,his section is divided two parts:the first labor market and the second labor market.and we introduce two market respectively. The third part mainly elaborated negative influences of excessive overtime.China's population is numerous,and employment problem has been excess social issues of concern.And excessive overtime is harm to employment,make Okun's law in our country faced with failure,enable our unemployment problem becomes more serious.Excessive ove~ime seriously violated laborer break,and then against the rights of life.Even the employee health.Excessive overtime in the short term really can reduce the cost,as the enterprise earns profit of the employing unit.But in the long run,excessive overtime will cause the employing unit great damage,and against enterprise growth and evolution.Excessive overtime encroached upon the health right,make laborer out prematurely age,that will give the social security bring heavy burden.The fourth part analyzes the cause of excessive overtime.Labor market supply and demand from external ratio imbalance constitute the enormous pressure for excessive overtime,which make laborer disadvantage become more vulnerable,and do not have power to negotiate with employer.Employers use their advantage to compel employee excessive overtime work.Because our country enterprise started late,compared to the developed countries mature enterprise,the management ability and the management idea is still relatively backward.Employees are considered as tool for profits.Local governments are lack of ability to handle those problems because of pursuing high—speed economic development.And the administrative law enforcement strength is insufficient,law enforcement does not reach the designated position,although regulations of our country about overtime system are relative perfect,but some important details like proof responsibility, computational cardinal number,etc.are not clear enough,which is often used by employers to encroach upon the rights. The fifth part puts forward some solutions to the problems of concrete recommendations overtime from the perspective of perfecting legislation and enforcement,the burden in overtime facts,the author suggest that burden of proof should be taken by employees completely.As for computational base of overwork salary,author is against that could be negotiated by both side of employer and capital,and puts forward some specific constraints. Earnestly adopt various means enhance the labor administrative enforcement capabilities, from the perspective of criminal responsibility Suggestions for illegal work overime of increased clampdown.The sixth part puts forward specific suggestions according to the existing problems in the overime system.the key to piece rates is to solve work quota problem.As for flexible,unify the duty when adventitious and duty of integrated computation man-hour as for the problem of executives tO work oveaime,considering enterprise senior management peronnel,the cbaracteristics of its own.without the need for its tilt table protection.