Legal Issues Research Work Overtime System

Overtime, with the continuous development of China’s market economy gradually into people’s vision, in recent years a serious imbalance of supply and demand in the labor market, employers increasingly random phenomenon overtime, workers’ daily working time was prolonged, part workers even a " death from overwork " phenomenon. Currently, most countries overtime system for relevant content written law to effectively balance the relationship between workers and employers. Although the provisions of the relevant laws and regulations of the contents of the system has to work overtime, many scholars have also held a discussion and research achievements should be recognized, but should be noted that the content and scope of the study is basically an overview of the system from the introduction of overtime, overtime elaborated the objective situation, analyze the reasons for excessive overtime and other aspects of cut, depth and breadth to be improved. In this paper, an overview of the current overtime system and the relevant provisions of national law to start, and by drawing on foreign overtime system, analysis of legal issues related to lack of overtime system, put forward feasible suggestions to improve our overtime system, and thus better able to solve practical disputes employer and the employee to work overtime because of problems arising between employers and employees to make healthy development into orbit.The main contents of this paper consists of four parts: From the theoretical basis of the study of overtime and overtime system concepts defining aspects of the system for the first part of the overtime system overview. Through elaborate theory of the right to rest, labor remuneration rights theory and the theory of life and health, a complete theoretical foundation overtime system architecture, and can well guide practice, effectively protect the legitimate rights and interests of workers.The second part introduces the foreign legislation and implementation on the overtime system, were elaborated from the United States, Germany, France, the three countries, a significant difference in comparison legislation and judicial practice on the three countries through elaborate. Finally, by comparing the foreign overtime system, and then to resolve this aspect of the problem has a very good reference.The third part of the relevant provisions of the objective statement about the lack of overtime system shows that our relevant laws and regulations for the implementation of the overtime system to be strengthened. Incomplete fuzzy from work requirements, overtime pay benchmark is not clear, overtime allocation of the burden of proof in dispute, union activist oversight responsibility is not in place, the lighter punishment for illegal acts overtime less elaborated on five aspects of overtime law. Part IV for the third part of the legal system deficiencies on overtime provisions of China put forward a comprehensive proposal, as follows: improving the working hours required by law, overtime pay clear benchmarks, improve allocation of overtime law the burden of proof, perfect union legislation, increase punishment for illegal overtime.