| Standby time means laborer is in not actually engaged in work, but must deal with anything at any time which deliveried by employer.Standby time is non-working time, and is not also time to rest, it is in the middle state of them,labor disputes caused by waiting time have sprung up as the state of "blowout". But because of the lack of laws and regulations, local regulations guiding opinions vary, causing court make all sorts of different judgments.It damages the lawful rights and interests of workers, the loss of judicial authority, and also reflects the relevant theoretical research lags behind.In reference about the waiting time on the basis of qualitative theory, the author first legal concept of working time to made a boundary points, combining with the understanding of the working time system legislation idea, finally, the author thinks that waiting time conform to the requirements of the definition of working time, should be characterised as working hours.I will be divided into four types of sexual standby time discussion, on sorting and analysis of series of cases under the premise of try to explore the corresponding legal regulation method is feasible on standby time.Due to various standby time, so the wage payment standards and judgment cannot treat as the same. Thus the author based on the characteristics of each kind of standby time, carefully analyze the labor law of the spirit, and in combination with the practical situation of society, make a preliminary design of wage payment. |
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