Legal System Research On The Labourers’ Right To Rest And Vacations

All the citizens have the right to obtain the right to rest and vacation time, the right is a constitutional right of citizens of one of the most basic, the realization of the right to rest is the reproduction of workers needs, is working to enrich knowledge, develop physical and psychological premise. Through law means to protect the human right to rest is to establish an important foundation for building a harmonious society. However, due to defective design of the law system, legal awareness of both employers and employees are not strong, relevant means of a single legal enforcement, sanctions and other reasons the lack of binding is not a holiday time, free to work longer time, overtime caused by the death of overwork, etc. phenomena still occur, a number of academic survey data show that workers in informal employment the right to rest more serious violations of the phenomenon. In order to better protect the work counterpoise, establish, maintain and develop stable and harmonious labor relations, law system research counterpoises laborer have important practical significance. This paper introduces the system of legal protection for all workers the right to rest on the basis of the theory, research methods using case studies, working closely around the rest of the right of how to build a system of legal protection for the themes discussed.This paper describes the legal protection system of workers the right to rest on the basis of the theory, the use of comparative analysis of research methods, working closely around how to build our country the right to rest the issue of legal security system to start on. First, clear the right of workers the right to rest and rest the concept of legal security system and the legal characteristics of the right to rest, theoretical basis for the study lay the foundation for the expansion. Subsequently, the rest of the right of the existing labor law, the conservation status of laborers the right to rest, the worker the right to rest the reality of the plight of the legal protection system were analyzed. Finally, discusses how to build workers the right to rest in our law system, the full text of proposed point of view.The innovation of this paper is mainly reflected in the following aspects: First, the Perspective, I not only proposed to improve the rest of the right to legal provisions to safeguard labor, Through institutional building to enhance the execution of existing laws, Also studied the workers, businesses, regulators and legislators and other workers the right to rest on the concept of bias that is how the correction. Second, the topic, at present, to safeguard the legal provisions and scholars counterpoises more confined to the individual aspects, such as legal holiday, paid vacation, etc, Based on this, I believe that it is necessary to explore this issue systematically. Third, the research method, this addition to the traditional theoretical analysis and comparison of research methods, more emphasis on case analysis, through case reveals the legal safeguards of the right to rest a problem. Fourth, the choice of materials, taking into account China’s current case against the workers the right to rest too numerous to mention, I pay more attention to selection of the typical, in order to enhance the persuasiveness of the article.