Holiday System Discussion

Holiday system is the important system protecting workers’right. The right is the important content of the labor, is laborer to labor of premise. Holiday system is to ensure that the workers of the right, provisions, and how to leave when laborer vacation and illegal holiday system the legal consequences of a complete set of legal regulating combined. The content of the holiday system including legal holiday, year off, visit one’s family false, marriage funeral leave and maternity leave. This paper based on this discussion holiday system of our country, the use of historical analysis and the method of comparison, discusses the rationality of holiday system Settings and normative, find holiday system legislation basis of reality and theoretical basis, and put forward to perfect our holiday system of the legislation of specific Suggestions. This paper is divided into four parts.The first part of the first discussed the relationship between the right and holiday system, and puts forward the holiday system is discussed in this paper is the embodiment of the rights of employees in the vacation. So off the exercise of rights exist three premise:one is exercising main body for laborer; Two is to leave with laborer and unit of choose and employ persons labor relationship is the prerequisite for surviving; Three is a law laws and regulations explicitly. Secondly discuss the function of vacations, mainly has the function of the physiological function recovery; Promote and the function of the social development; Create economic function; Inheriting the function of national culture.The second part of the discussion of the institutions of vacations of China, the change of Chinese ancient discussed respectively the holiday system; During the period of the republic of holiday system of and China’s current off system. Since the founding of especially from reform and opening up, China has accelerated the reform process of the holiday systems. Reform and opening up in more than30years has passed the state laws, administrative regulations and administrative regulations, the law means such as China to explain the holiday system adjust and modify50times. China has established a set of perfecting the fields covered the holiday system, many legal terms have been and the international community, and gradually realize the importance of the traditional culture, the new qingming, dragon-boat festival, the Mid-Autumn festival is a national holiday.The third part of the major countries to discuss foreign holiday system of and characteristics. Mainly discusses the holiday system of the United States, Japan’s holiday system, the major European countries holiday system of our country and Hong Kong area off system. We can find the developed countries and regions of the holiday system are perfect legal laws and regulations, and the relevant perfect supporting infrastructure. Especially paid holiday system get both sides of Labour and recognition, time is long, and according to the fact of both sides of Labour flexibility.The fourth part discusses the problems existing in the institutions of vacations of China, should follow the legislation idea and some perfect China’s holiday system of the specific Suggestions. China’s holiday system of legislation is not tall and not unified, legislation after comparing and unreasonable, lack of corresponding security mechanism. So in the legislative process should be initiates humanist legislation idea, ensure the laborer’s liberty, reflect fairness and justice in a stable social order. Since then, the holiday system of specific Suggestions:like the nature of the National Day holiday of holiday should be1day will the rest of the2talent to the Lantern Festival and the double ninth festival this traditional Chinese festival, in order to carry forward national culture. Strengthen the paid annual leave in law enforcement efforts in the process of, and raise their rights consciousness, strengthen supervision. Extend marriage funeral holiday, and years of vacation together can even divorces. Extend maternity leave to14weeks, clear female worker maternity leave and maternity leave treatment, set up the male worker care false. Expand the scope of application of visit one’s family false and extended appropriately. To perfect our holiday system’s security mechanism, play Labour union, labor inspection part and the role of the judicial organs.