On Legal Security System Of Laborer’s Right To Rest

As the important content of human rights, the right to rest is the foundation of human survival and development. And as a crucial part of the labor rights, it is a booster of realizing labor reproduction and sustainable economic development. Thus, among many laborers’rights, the right to rest can not be ignored. In real life, it is very common that the laborers are deprived of their vacations, the employers force the laborers to work overtime or do so in a disguised form, paid annual leave turns out to be a mere scrap of paper, and so on. The related rules of laborer’s right to rest have already made by constitution, laws and administrative regulations and relevant safeguard mechanism has been established. However, the implementation of the right to rest is not so optimistic. Due to the limited current social resources and the severe employment situation,More and more new problems and contradictions related to the right to rest are beyond the existing laws and regulations, it is increasingly important and urgent to maintain laborer’s rest to right. The study of legal security system of the laborer’s right to rest is of great significance in both theory and practice.Apart from the preface and epilogue, this paper includes three parts. Firstlyt, I will analyze two typical cases, that is, Mr. Zhang prosecuted the property management company for making him work overtime and Mrs. Huang prosecuted a wedding company in Shanghai for refusing her paid annual leave. According to the analysis, it can reflect that the phenomenon of the infringement of the laborer’s right to rest happens occasionally, so as to come up with the thinking on the defect of legal security system of the laborer’s right to rest.In the second part, the author will analyze the existed problems of legal security system of the laborer’s right to rest. For example, in China, the laborer’s right to rest is not well implemented at present. Defects in legislation, inadequate administrative law enforcement, unavailable judicial relief and diverse concepts between employer and employee are the main reasons.In the third part, the author is going to put forward the countermeasures to improve the legal security system of the laborer’s right to rest from four aspects, including legislative level, legal supervision, power relief, legal publicity.