On The State Duty To Protect The Right To Rest

Whether capitalist or socialist country national, the relationship between workers and employers are constantly undergoing changes, most workers have to get rid of the identity of cheap labor, the employer is no longer fully occupy priority labor market. And rising awareness of human rights while make workers reluctant to sell cheap labor to earn rewards and compensation. Fight for their right of rest, enjoy as a spiritual person should get to meet new values become the first. International human rights document is placed in forced labor will as important as the location with the basic necessities of life. Face the face of a changing world, labor law should be make changes to adapt to the times. Overtime rewards as the expediency can no longer serve of modern industrial relationship.With Foxconn overtime vicious incident exposure and "karoshi" Phenomenon increasing year by year, Right of rest gradually being attention. This right is not a new product of social development, its long as fundamental rights written into our Constitution. While rest and work is a pair of opposite meaning of the words, but labor law is to protect the right of rest, the mainly meaning is to prohibit forced labor. The unequal relationship between employers and employees, To promote the State’s obligation to protect the right to rest from infringement, Constitution to penetrate between private persons, State duty to protect the theory emerged. Through above the State duty to protect the theory, clarify the obligations of States to protect the right of rest due. From Germany, Japan and other countries in terms of protection of the right to rest, analysis of missing and inadequate legislation. Trying to change the present situation of excessive overtime by legislative, administrative, judicial and other ways.