Research On Legal Security About Worker’s Right To Rest In Our Country

Right to rest, as an important component part of human rights, is also one of the basic rights which the China’s constitution gives workers directly. Right to rest is the most important component part of right to work. Compared to the importance of research on right to work in modern society human rights, the study of workers’ right to rest is relatively backward in China. Although China’s laws including China’s Constitution, labor law and other related laws make relatively perfect provisions on workers’ rights to rest, in real life, there are many questions of violation of workers’right to rest as work overtime out of legal standard, do not have holiday according to stipulations even deprive workers’ rights to leave because the legislation concerning the right to rest is not perfect, security systems is lack of enforcement, monitoring mechanisms of law need to be strengthen and workers’ consciousness of protection is not enough. It is quite common to see such phenomenon workers work overtime "voluntarily" and deaths from over work. At present, our country is in period of economic and social transformation, the body of labor relations and their interests become more diversity, the situation of employment is becoming increasingly serious, the contradiction of labor has already entered a highlight periods and seasons. Therefore, it is more urgent to develop harmonious and stable labor relations in order to better safeguard and maintain workers’ right to rest. So studying and perfecting the legal security system of workers’ right to rest has a strong theoretical and practical significance.Based on the concept of workers’ right to rest, this thesis introduces related basic theory about workers’ right to rest, analyzes situation and problems of our country’s legal security system and puts forward some ideas to perfect security system of workers’ right to rest. In discuss methods; this thesis adopts traditional theory analysis method and comparative analysis method to discuss. Except introduction and conclusion, this paper is divided into four parts in structure.The first part mainly introduces related theory about workers’ right to rest. Starting from concept of workers’ right to rest, it sums up the contents of workers’ right to rest, as well as the characteristics and function of the right, and analyzes theoretical basis of workers’right to rest from three aspects further. It is also the foundation of studying legal security system of workers’right to rest.The second part, based on the present situation of legal security of workers’ right to rest in China, summarizes practical difficulties to realize workers’right to rest in our country and analyzes some problems. First of all, it summary and analysis our country current situation of legal protection of laborer counterpoises from three aspects:the system of working hours, rest and vacation system and to lengthen working hours system and limitations. Next, it analyzes some problems of legal security of workers’ right to rest. The laborer counterpoises problems of legal protection from the violation of the phenomenon of maximum working hours, the common to leave, protect the weak and a lot of work longer hours and the realization of the right differentiation phenomenon mainly from legislation, legal supervision, labor dispute processing mechanism and legal aspects.The third part analyzes the international perspective of workers’ right to rest. It mainly introduces related rules of workers’right to rest in the international organization and some developed countries by using the comparative analysis method, and then summarizes the lessons based on the reality of our country mainly refining related regulations in our country, safeguarding the existing rest holiday schedule and improving the supporting measures, rigid law enforcement, etc.The fourth part puts forward some ideas to perfect legal security system about workers’right to rest in China on the above three parts. Aiming at the existing problem of the laborer counterpoises, this section make the thorough research to the perfect workers’ right to rest. First of all, perfect the legislation of laborer counterpoises, including working time system, holiday system and penalties to unit of choose and employ persons. The second is to the perfect laborer counterpoises legal supervision mechanism, including laborers administrative department and the supervision of the trade union rights mechanism. The third is to perfect labor dispute processing mechanism. The last is to strengthen legal advocacy and the law publicity and education of laborer and unit of choose and employ persons.Legislation is the foundation of improvement. Besides, only putting laws into practice can reflect the laws’value. Our country makes effort to the legislation of workers’right to rest but the practice is barely satisfactory. Especially in the period of economic and social transformation, the body of labor relations and their interests become more diversity, labor relations contradiction become serious and violations of workers’right to rest appear more so that it has a long time to build a harmonious labor relation.