Research On Legal Issuesof Standby Timein Labor Law

Standby time is prevalent on the present process of labor and labor disputes caused by it are numerous.China's laws and regulations do not have clear definition for the standby time,the treatment for the standby time in judicial practice vary widely and there is not enough theory support for it as there is little research for it on scientific principle or law.If the standby time cannot be reasonably determined,it will undoubtedly damage the legitimate rights and interests of workers,which is not conducive to balancing labor relations,stabilizing labor order,so qualitative research on the standby time is necessary.On the basis of the existing doctrine,this paper redefines the working time and rest time of the laborers,and then clarifies the connotation and characteristics of the standby time.Standby time is an intermediate state between the working hours and rest time,a time that labors are ready to complete the work under the command of the employers.As there are a lot of advanced experiences in many countries outside the country,the author,combing the relevant research results and judicial precedents,summarizes the factors that affect the fate of the time.By analyzing the four factors that affect the standby time,the qualitative principle of it is put forward: based on the labor contract and the relevant regulations and with the order of the employer,comprehensive judgment is made combined with standby location,labor intensity,labor density and other specific factors.Combined with specific cases,the specific standby time is determined from the preparation and finishing work,monitoring work,intermittent work,waiting work and other type of work.Finally,from perfecting the special working hour system and playing the negotiating power of the trade unions,this paper tries to put forward the solution of the problem of the standby time.Through the above research,a comprehensive and in-depth understanding of the legalissues of standby time is formedin order to provide a direction to solve the problem of standby time in the theory and practice.