Research On The Protection System Of Labor's Right To Rest In China

Laborer's right to rest has the property of human rights,and it is the important premise for the survival and development of human-beings.As laborer's right to rest is the important content of laborer right,the realization of laborer's right to rest has close relationship with the reproduction of laborer force and the sustainable development of social economy.In recent years,the emergence of problems such as"karoshi",occupational disease,and work overtime,arouse the public's extensive attention to the laborer's right to rest,the legal focus of which goes to the security problems of laborer's right to rest.In our country,study on laborer rights has just emerged and related study is extremely weak.In addition,the law is not perfect in the supervision system for laborer's right to rest,which results not in-place supervision and oversupply in the laborer market.Therefore,workers are in the weak position in laborer relations and the laborer's right to rest would frequently be abused by the employer,which seriously influences the stability of the laborer relations.As laborer's right to rest has important value for the laborer,which is reflected not only in its biological value and the value of personal dignity,but also its role in balancing the relationship between the laborers and the employers,as well as the function in promoting China's economic development and its value for the development of China's human rights.The security system for laborer's right to rest is mainly reflected in the regulating the system of working hours and paid vacation system.The author thinks that the regulation of our country's system of working hours has the nature of principle and effective regulation on limiting the extended working hour in legislation is in short supply.The punishment and supervision system for violating the system of working hours in our country is not perfect,which eventually leads to the decreased effect of the system of working hours in practice and the employer's violation of laborer's right to rest.Paid vacation system is a reflection of the country's social welfare,and it would be improved with the development of the national economy.From the time our country established the paid vacation system,the time limit of paid vacation has not been changed.The time limit of paid vacation in China is shorter than that in many other countries.Plus,as our paid vacation system lacks maneuverability due to the ambiguous legislation of our country,the problems existed severely affect the running of paid vacation system in China and it is also not conducive to protection of laborer's right to rest.With the value orientation of ensuring the laborers' right to rest,this paper starts from the theoretical basis of laborers' right to rest so as to analyze the problems existed in then propose some suggestions on improving the security system of laborers' right to rest by combining with the security system of laborers' right to rest in developed countries which has the significance of reference in our country.The author thinks that we'd take into account the following aspects in perfecting the system of working hours:Firstly,we'd formulate the relatively flexible system of working hours in legislation,and then we'd be clear about the applicable range and the approval procedures of the flexible system of working hours.Second,we'd establish effective consultation system between the laborers and the employers,and be clear about the laborer union's positive role in extending working hours,as well as its functions and financial resources.Finally,we need to improve the supervision and punishment system which can be applied to the violation of the system of working hours.The author thinks that we'd take the following aspects into consideration in improving the system of paid vacation.First of all,starting from the purpose of establishing the paid vacation system,we'd be clear about the obligations of laborers at the same time of stipulating employer's duties.Secondly,considering our country's status of economic development,we can appropriately increase the time limit of paid vacation.Finally,it is necessary to define the procedure of the employers in arranging for paid vacation.The author also thinks that we should also perfect the supervision legal system which can be applied to the violation of laborer's right to rest.By improving the above-mentioned system,we can ensure the laborer's right to rest by employing legislation.