Study On The Rectification Of Legislation Issues On Labor’s Right Of Rest

Lenin once said:"Those people who do not understand the importance of rest cannot do their work well." However, rest needs a number of factors to make it become true, such as time, financial insurance and environmental issues. Thus, rest appears as a legal right which stands on the purpose of the sustainable development and quality improving of workers. Attaching great importance to the right of rest is an important sign of social improvement and practicing the Scientific Outlook on Development. Nowadays, lots of countries, especially those developed countries such as Sweden, Germany and Italy, have a relatively perfect legal protection on the rest right of their labors. In contrast, the legislation concern about labors’right in our country is relatively backward. Then these cause the phenomenon of lower efficiency on both labor and the enterprise. The legislation issues on labor’s right of rest have three aspects.The concept of enough rest equals higher labor efficiency on the leading concept of legislation should rebuild on labor’s right of rest. Correct the cognition of legislator on labor’s right of rest. Make sure that fully protect on labor’s right of rest can penetrate the legislation system of labor’s right of rest.The legislation protects four parts of the right of rest. First, the right of peaceful has the problem of lacking of legislation to ensure the material and environmental conditions to make it became true. Second, on the protection of the fallow right, legal working time just gives us a fuzzy interval. The work piece quota system is raised in order to cooperate with operating time legislation. The work piece quota system can both be the second insurance of the right of rest and show the firm attitude of the government. The work piece quota system has the value of insurance of efficiency and the realization of the right of rest. Third, there are two problems on the right of furlough and the right of recuperate: the enterprise’s illegal cost about violating labors’vacation with pay is not enough, this is the direct mater that causes the violence on the system of vacation with pay; Meanwhile, the design concept of legal holiday have problems. Based on ensuring that the most important meaning of legal holiday of inheriting national culture can be realize as a precondition, then decrease the time of legal holiday as far as possible. Then make the legal holiday realize separately as province or region, in case of making the lager amount of labor can enjoy their legal holiday in different time and make sure that the aim of setting the right of rest in the Constitution can come true.In this article on the basis of original punishment way I have put forward another idea that we should not only increase the intensity of punishment but also combined "labor law abiding integrity files" which is set in article 22 of Labor Security Supervision Regulation with adding the method of punishment:the enterprise which is recorded in the labor law abiding integrity files for three times will be forced to suspension; the enterprise which make this number became five folds must be canceled its business license. Under this circumstance, not only put the article 22 into practice, but also add two kinds of punishment which are more effective than the current punishment in our labor law and of great significance in processing the right of rest extend.