Implementation Of Labor Remuneration Rights From The Overtime Wage

In China that we have been basically established in the socialist legal systemtoday, both the nation and the society are more emphasis on the basic protection ofthe interests of workers. According to the labor contract law and the relevant laws andadministrative regulations, grasp the interpretation on overtime and overtime payprovisions, thereby further on overtime were defined from the law; and from whetherto belong to labor law department to make the corresponding adjustment of overtime,and strive in the legislative technology under the existing legal framework for and amore fair and reasonable overtime payment, right of remuneration and bettermaintenance and Realization of employee under special circumstances.Payment for labor rights, for the workers, is undoubtedly the most importantright, defining the concept depends on the interpretation of the concept of laborcompensation. The overtime pay as a part of the labor compensation, nature also isincluded in the payment for labor rights system, at the same time, because of overtimewages has its own characteristics compared with ordinary labor remuneration, andcan’t be fully equal to the general labor remuneration, therefore, overtime wages shallbe regarded as a labor remuneration. Because of overtime and refused to pay overtimewages phenomenon abound in China’s current economic environment, a seriousviolation of labor remuneration right. Investigate its reason, from the social level, theamount of labor too much, and workers born weak position is the main reason; fromthe angle of the enterprise, the power of the trade unions as well as the lack ofenterprise management misconduct and bad enterprise culture is the main reason;from the angle of law, legislation is not clear and the conflict is the main cause of thisphenomenon. In addition, in practice, how to define the working behavior andworking hour system under different in distinguishing normal working hours andovertime has certain difficulty. In order to safeguard the interests of workers, thispaper introduces the concept of "real time of work", on the basis of different workinghour system under the overtime is defined, and put forward its own views on the basis of overtime wages.A right, must be transformed into reality by has its practical significance, in thelast part of the article, this article mainly from the right of claim and right of controlangle for the related countermeasures are put forward to realize laborer specialremuneration right. In the right part, mainly has carried on the elaboration from thelimitation of action and burden of proof of the angle, in the right part, mainly from theabsorption, the basis of learning from foreign legislation, combined with China’sexisting laws and regulations, proposed special labor remuneration right realizationabout the workers better.In this paper, in the writing is not only closely combined with the existing lawsand regulations, in safeguarding the legitimate rights of workers at the same time, forthe employer behavior has also carried on the corresponding analysis, not only from alegal point of view, it combines the management, organizational behavior, economics,sociology of knowledge, attempts from the multi-level, multi-angle, objective andcomprehensive will work overtime and overtime pay to get phenomenon of cause andessence of the revealed. Analysis and the proof will be only on the basis of morereasonable and convincing.The right of life is the supreme, if a system is in violation of the human body,health and life, so the system is not reasonable. As a kind of unreasonable become themainstream of society and even people tacit unspoken rule, if things go on like this,the construction of socialist rule of law in China and even the human rightsconstruction is bound to cause great harm, this contradicts with our country advocatesa harmonious society with fairness and justice idea of rule of law. In the face of theseunfair phenomena and system, should not indulge, palliative and laissez-faire, shouldbe sought in the legal system and the existing framework of solution. Ideas such astransformation of enterprises and workers, the labor contract terms, to restrain thebehavior of enterprises through the system at the same time does not bring additionalrisk, strengthen the legal awareness of workers, better use the legal means for theemployer’s liability, safeguard the labor’s benefits and other means, so that workerscan get overtime pay this special remuneration rights be realized. If you can balancewith interest relationship between employers and workers, to further improve China’s labor legislation, a clear judgment and overtime pay overtime pay standard, laborerrights can get more security, our economic, legal, human rights construction also mustbe able to take the last new level.