A Discussion About The Regulation On The The Employer Implicitly Violated The Right Of Workers To Rest

Since the birth of the right to rest,how to make a balance between working time and free time has always been an important issue.The protection of the right to rest is essential,no matter as moral right,or legal right.Mozi had said that the people have three suffering,hungry but lack of food,cold but lack of clothes,labor lack of rest.Thus,the right to rest is important for the workers.With the rapid development of China’s economy,on the one hand,labor resources are overused,more and more workers are in the state of overwork;on the other hand,the labor law is constantly improving,the Chinese people’s sense of rights is awake,more and more workers,in face of some explicit violations,can use legal measures to rescue their rights.Therefore,there are some employers use more subtle violations to get their interests.As implicit and non-direct,these acts of tort is difficult to be perceived by workers,but more harmful than the explicit violations.Therefore,how to judge the behavior of the implicit tort to the right of rest of workers,and then put forward the suggestion of regulation,which becomes the writing focus of this article.For the sake of better expression of the theme,the structure and content of this article made the following arrangements:The first part is to explain what is the employer’s implicit violations for the right to rest in general.This part make sense that the implicit tort is universality,concealment,violation of the spirit of the legislation and having the driving force of interests.And then it analyzes the behavioral elements of the implicit violation for the workers’ resting right from the four aspects of the subject,the subjective,the objective and the object.The important part is the object,then it explains the attribute,connotation,content and nature of the right to rest of workers,trying to lay the foundation for the full text and establish the knowledge reserve.The second part focuses on the analysis of the main types of implicit violations of laborers’ resting rights in practice,including the substitution of other names for overtime violations of laborers’ resting rights,violation of workers’ right to rest by the waiting time,the act of restraining workers ’resting rights by means of other names instead of overtime wages,the act of infringing workers’ resting rights in the form of lump-sum wages,and the weight work to violate the right to rest.Through the legal analysis of these acts,revealing the nature of their infringement under the “legal coat”,the following reflection on the causes of implicit violations of the grounds laid the foundationIn the third part,from the different perspective,giving the reasons of implicit tort.,such as the problems existing in the relevant acts of resting right in the labor standard law,the absence of union and the problems of collective bargaining system are discussed from the macro,medium and micro.And according to these above,exploring in-depth analysis of the causes of the aforementioned violations.In the fourth part,it puts forward some suggestions on the existing resting right system in the labor standard law.Then,it puts forward some suggestions on the improvement of the rights protection mechanism of the union,through the promotion of social middle layer strength to supervise the employer’s implicit tort;finally put forward on the legislative thinking from the tilt protection to the interests balance.By what it discusses above,trying to regulate the implicit tort to the resting right.