Research On Legal Issues Of Standby Time In Labor Law

In recent years, with the development of China's market economy, the tertiary industry expands, and labor patterns become variously, the employer's demand for working hours presents an increasingly flexible trend. On the one hand, many employers require workers to prepare for work or wait for notification outside the normal working hours,so that workers' can deal with its delivery of work tasks at any time; on the other hand,workers' awareness of protecting their rights grows, and they require to protect their right to rest and labor remuneration and other legitimate rights and interests. Standby time causes more and more labor disputes, and the trend intensifies. The most important reason is that the national legislation is lack of relevant provisions. What's more, the different local regulations are also the source of controversy. These disputes are not only conducive to the protection of the legitimate rights and interests of workers, but also undermine the judicial authority, even not conducive to the harmonious construction of labor relations. Therefore, it is necessary to systematically study the legal issues of standby time, analyze the nature of standby time, provide theoretical reference for chaotic practical judgments, and provide theoretical support for the improvement of labor law in China.First of all, this essay introduces the basic theory of standby time, including the meaning of standby time, characteristics and classification. Based on the comprehensive analysis of these theories, the author gives his own understanding of standby time.Standby time means a period of time that workers are waiting for the notice of employer.When workers are needed, they should complete the work in time. The second part of this essay analyzes the academic definition of the standby time at home and abroad.Combined with the standard of working time, the author puts forward the factors that the place where the labor is located and the degree of control of the labor as the standards. The third part of this essay discusses the protection of the rights and interests of workers in the standby time, including the standards of payment and standard of identification of work injuries. Depending on the different degrees of control of the labor in standby time, the author discusses the standards of payment in high standby time, medium standby time and low standby time. Combined with the traditional standard of identification of work injuries, the author thinks that the determination of work injury depends mainly on working time and working reason, the work place should not be considered as a standard. The last part of this essay discusses the obligations of workers in standby time. The author holds the point that workers should comply with the special requirement of the employer as well as the basic obligations laid down by the labor law. In order to ensure the performance of the labors in standby time, the author gives some specific suggestions. Standby time legal issues in today's society are closely related to every member of our community, so proper treatment of these issues is significant. It not only can balance the economic benefits of the laborers and employers in labor relations, but also can reduce the labor disputes caused by them,and provide guarantee for the construction of harmonious labor relations.