Overtime Working Legal Regulation Research

Overtime has become a paramount concern of labor relations social phenomenon. On the one hand employers generally exceeded the legal limit on overtime provisions, workers complained due to excessive overtime and even turn into "karoshi" because of excessive overtime phenomenon; And there are the other workers volunteered to work overtime in order to get more reward, the employer even has to face situation that without offering overwork chance there will be no employee. Ensuing overtime pay dispute is showing explosive growth, while serious violations of legitimate rights to workers has brought great disharmony factors to labor relations. Our labor law does not lack of institutional design for overtime regulations, from the system design level point of view, can be said to be complete, but its implementation of the effect, but it is very unsatisfactory. Looking back to the related labor legislation in our country, we are not lack of a systematic design to the problem of regulation to work overtime. From overtime work, overtime application, overtime payments and the punishment dealt with illegal overtime we have made a strict system design, and from the system design level, it can be said to be perfect; but from the point of its implementation effect, it is not ideal. The author analyzed the phenomenon of excessive overtime in our country in recent years by collecting data, combing the current our country legal regulation system for overtime to analyze its legislative defects and judicial confusion, at the same time, based on the lack of legal regulation and overtime to America, Japan and other countries for overtime work experience summary, put forward the countermeasures of perfecting our country’s legal regulation system for overtime, to bring legal regulation and lawmakers’ legislative intent into effect.