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Legal Problems And Perfect Countermeasures For The Irregular Work System

Posted on:2018-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:W ChenFull Text:PDF
GTID:2357330515479531Subject:Law
Abstract/Summary:PDF Full Text Request
As an important system of flexible working hours,the irregular working system has been respected and developed in many countries in the world.In our country,irregular working hours system since the implementation has been welcomed by all kinds of enterprises,but also the social concern and attention,research on working time system of legal scholars more and more forward-looking.Our country is in the relevant provisions of working time system was clear,but with the development of time,and in some places and not working time system of laws and regulations are not followed up in place,resulting in irregular working hours system in the implementation process of the current,still there will be a little difficult to sort out and solve problems.For example,how to apply the range of working time system clear,the implementation of approval system of non fixed working,working time and overtime working time system cost determination has a lot of uncertainty in determination,resulting in some enterprises,by expanding the proportion of irregular working hours system,prolong the working time in disguise,disguise the abuse of workers the rest of the rights and interests of various negative phenomena have occurred.In addition,no fixed working system is enterprise abuse,labor law enforcement departments are often ignored,reflects China's enterprises have a lot of problems and difficulties in the implementation of flexible working hour system in the process of research,and therefore has a strong practical significance to improve China's flexible working hour system.Irregular working hours system provides a feasible method to invigorate the path of enterprise management,the development of the socialist market economy has played an important role in China's reformand opening up,working time system have been further developed,has been greatly developed and widely applied not only in the enterprise,has been developed and applied rapidly in some institutions.But in real life,the irregular work system has been implemented in our country for more than 20 years,by the local labor laws and regulations of the development of imperfect and uneven impact,as well as the fuzzy impact of the provisions,many of the staff in the implementation of the right to rest assured of the existence of a large defect.In this paper,from the actual problems of regular work,the connotation,characteristics and legal provisions of the irregular working rule are expounded firstly,through the connotation of irregular working rules.The approval process,the applicable colony and the supporting legal system are expounded,the main contents of the irregular work system are cleared,and the steps needing attention are analyzed.Secondly,the problems existed in the implementation of the irregular hours and the reasons of the implementation of the irregular working systems are clarified,The application of irregular work system is too broad,not explicitly stipulated that the prohibited elements,irregular work system approval procedures are not standardized,not fully consulted with the staff,did not formulate a reasonable work rest system,the lack of effective follow-up supervision and the problems of the system design of the uncertain working system and so on,from the existing laws and regulations and judicial practice analysis,put forward the author's point of view;Finally,the solutions to the problems existed in the implementation of the irregular man-hour system are deeply thought.Combining with the operation of judicial practice and the tendency of law researchers,the author proposes a series of suggestions for solving problems.
Keywords/Search Tags:Irregular working system, Standby time, Rest system
PDF Full Text Request
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