The Defects And Perfection Of Security System On Labourers’ Legal Recess Rights In China

Labourers’recess rights are the most fundamental rights to ensure workers’rest after offering labor. Labourers’right of rest as an important part of the workers’legal rights and interests is the foundation to maintain labourers’physical and mental health, ensure the productivity of labourers and improve their self-cultivation. People to create wealth is to enjoy wealth, and enjoy the wealth of the basic premise is that people have to have time to enjoy the wealth. Rest reasonable protection of workers rights, provides the basis for the effective realization of other rights and interests of laborers. However, labourers’ legal right of rest is infringed to some extent because of the imperfect law system at this stage, enterprise managers’low awareness of the law and the labourers’limited education level in China. How to protect Labourers’right of rest and set up a complete legal security system is helpful for our country to improve the labor-capital contradiction and build a harmonious and healthy development of the market economy system.In European and American countries, workers have the right to rest formed a relatively complete legal mature system, and our labor law formally introduced the concept of the right to rest for a short time. China’s current law, although the right to rest for workers has been adjusted, but there are still insufficient. Legislation, regulations are seemed too, the lack of consequences of the provisions of the law, In practice, many companies have chosen to use the law to circumvent legislative oversight, disguised extension of working hours, the right to rest rights of workers still can not get real maintenance.This paper is divided into three parts. The first part, The author defined the basic concepts of workers the right to rest, for what is right to rest, how to define the right of workers to rest on a brief overview. It outlines the nature and role of the right of workers to rest, and the theoretical value of the right of workers to rest the legal protection system were analyzed.The second part of our current legal regulations regarding labor rights rest were summarized, and analyzes the practical problems and lack of legal safeguards that exist in the current legislation arising from insufficient reasons and problems generated by the summarized.The third part, on how to establish a sound system of guaranteeing the law system, the author also put forward her own views and perspectives. First, establish the right to protection of workers thought to rest; secondly, workers break perfect time security system, while full coordination with the rest of the workers work in the protection of workers’ basic rest periods, and establishing a modern market economic order and fully guarantee workers a modest relaxation of rest leave system; again, improve workers the right to rest material security system, in order to establish the basic legal norms of the Constitution, while an increased right to rest material security regulations, from the national enforcement, intervention angle, take vacations to enact mandatory way, the uniform payment of overtime compensation, construction of complete public rest facilities and other measures to fully protect the rights of workers to rest; and finally, to establish a sound system of oversight responsibilities to protect the right of workers to rest.