Study On The Perfection Of The Legal Protection System For Workers’ Rights To Rest In China

With the continuous development of the history of mankind, human rights arebeing highly valued and respected as extremely important rights in today’s society. Asimportant human rights, the right to rest is also respected by the whole world.Although the research on the right to rest occupies an important position in humanrights research pedigree of the modern international community, the study of the rightto rest is relatively slow in China. While China’s Constitution and other related lawsmake relatively comprehensive provisions on workers’ rights to rest, but in real life,such negative phenomena as lengthening working hours at discretion and theoccurrence of the overwork shows that these provisions did not put into effect. On theother hand, it also reflects the deficiencies and the lack of security and maintenancefor workers’ rights to rest in our country. Under the background of the very limitedsocial resources and extremely serious employment situation in our country, themaintenance of the right to rest of workers has its reality and urgency. Therefore, thestudy and perfection on the legal protection system for the right to rest has greatpractical significance.In the introduction, the paper briefly introduces the concept of the right to rest ofworkers, and the legal property, etc. At the same time, the theme of the thesiselaborates from the following three aspects.The first part of the paper presents the protection situation of the workers’ rightsto rest in detail. Firstly, with the help of a lot of research datas, the paper illustratesthe particularly serious overtime-working phenomenon, especially the overworked,and then analyzes the resulting hazards and their consequences. Secondly, it describesthe performance of the lack of the strength of the protection towards holiday rights.Thirdly, it analyses the current situation of the lack of supporting facilities protectionof the right to our labor leisure. Finally, it shows the current larger gap ofimplementation efforts in all walks of life with the help of the comparison of certainstratums.The second part of this paper analyzes the reasons for the workers’ rights to rest in our country which are not adequately safeguarded detailedly. Firstly, it describessome reasons from workers’ aspects. Secondly, it expounds the various reasons thatcome from enterprises. Thirdly, it sets out the deficiency of the relevant legislations,ineffective supervision. Finally it concludes that one of the reasons that contributedto the right to rest which is not fully guaranteed is the lack of adequate and effectivelegal publicity and education in real life.The third part of the paper makes a thorough study on the perfectingcountermeasures of the legal protection system of China’s workers’ rights to rest.First of all, it is necessary to improve the system of legislation to protect the right torest of the workers, including such relevant legislation protection syetems as laborlaw, criminal law and civil law. Secondly, it needs to improve the legal supervisionsystems for protecting the workers’ right to rest, involving the labor administrativedepartments as well as trade unions and so on. Thirdly, the right relief systems alsoneed to be perfected. At last, it is necessary to make greater efforts to educationalpropaganda of Labor laws and regulations for workers, employers and the laboradministrative departments.It is the common need of social and personal development to endow andguarantee the workers’ rights to rest, which is an important symbol for social progressand the development of civilization. The realization of the right to rest is not only theneed to protect the normal life of workers, but the reproduction of labor force, whichis also the premise that the workers can constantly enrich their knowledge, improvethe skills as well as the physical and mental developments. All of these require theconcerted efforts by all levels of governments, enterprises and individuals. It is anurgent need to mobilize the whole society to guarantee the realization of the workers’rights to rest and to promote the comprehensive development for workers.