The Exemption Of Working Time Labor Standards

Working time labor standards are the lowest standards of employee's working time. The exemption of working time labor standards means that do not apply working time regulations, some special employees are denied protection from overtime working, employers can have another agreement on working time, rest time and holidays, overtime pay with them. Making some exclusion from the scope of objects effectiveness of working time labor standards is its substance. The legal pursuits of justice and efficiency are this institution's rationality. However, this institution hasn't established in our country, in addition to the confusion of the variable working time and on duty theory, result in the disorder of application of law and the disunity of judgments. So the exemption of working time labor standards should be established against time in our country. The scope of exemption is regulated by the law; the labor administration department can be authorized for some discretion, but the court has the ultimate decision. The examination and approval by labor administration department should be in advance of the application of the exemption. The employers and their employees'working time agreements should be under some certain restrictions, and can't violate the employees'rights of health, rest, enjoy the social and cultural lives, and gain the overtime pay.