Research On Legal Issues Of Standby Time In Labor Law

Labor disputes cased by Standby time have sprung up as the state of “blowout”.But because of the lack of laws and regulations,local regulations guiding opinions vary,causing court make all sorts of different judgment.It damages the lawful rights and interests of workers,the loss of judicial authority,and also reflects the relevant theoretical lags behind.In reference about the Standby time on the basis of qualitative theory,the hours of work to made a boundary points,and combining with the specific situation of court cases in the judicial determination and judgment,finally it is concluded that Standby time conform to the requirements of the definition of working time,shall be as the conclusion of their working time.Standby in specific time determined in the process,expand the common standby time specific practical cases for monitoring on standby time,on-call standby time,attached with the three types standby time for discussion.Through the collection and analysis of specific cases,trying to explore feasible salary payment for all kinds of Standby time and law regulation method.Due to various standby time,so the work time standards and judgment cannot treat as the same.thus this paper based on the characteristics of each kind of standby time,carefully analyze the judicial practice,and in combination with the practical situation,presents the preliminary thoughts on the identification of each kind of standby time.