Overtime Legal System Research

From 1994,since the promulgation of “The People's Republic of China labor Law”,the labor law has opened a new era.After more than 20 years of development,China's labor law has made considerable progress,has promulgated “The People's Republic of China labor Law”,“The People's Republic of China Labor Contract Law” and other acts,formulated corresponding administrative regulations and the introduction of supporting judicial interpretation.However,overtime is common in our country,and the average working time per week for workers is far exceeding the standard recommended by the International Labor Organization(ILO).According to the statistics,the Average working time of our laborers is more than 44 hours per week from 2010 to 2017.In the network media reports,the extreme cases of workers' death due to excessive labor have occurred.The reasons are: on the one hand,China's current labor law in principle,the overtime legal system is not perfect and can not effectively curb overtime;On the other hand,the tertiary industry has risen rapidly,new types of occupations have emerged,overtime legal systems have lagged behind,and it is unable to effectively regulate overtime work.Therefore,it is imperative for us to perfect our country overtime legal system.The core value of regulating overtime is to guarantee human rights.On the one hand,the core of protecting workers' overtime rights is to safeguard the right to rest of the workers in the Constitution;On the other hand,curbing the workers' overtime work is also safeguarding the employment rights of other citizens.The root cause of overtime work is that the labor process of laborer does not match with the labor process of production.This kind of mismatch has objective reasons such as production mode and artificial subjective reasons.Therefore,the basic method of regulating overtime is to adjust the laborer's labor process rationally: to adapt the former and evade the latter.Regulation of overtime is the boundary of labor from the attribute standard.The legal system of overtime was born in the period of human's industrialization,which is the product of human industrialization.At the beginning,the distinction between attribute Labor and autonomous Labor is clear;Now,this line is increasingly blurred.According to the classical labor from the attribute theory,it is difficult for people to determine accurately whether certain labor has the attribute.In this respect,scholars have carried out two directions of exploration: first,adjust the labor from the attribute of the judgment standard;Another way,it is enough to explain the important role of labor from the theory of attribute to the regulation of overtime.In this paper,the “Research on Overtime Law System” as the title,respectively from the overtime benchmark,overtime restrictions,employing units overtime responsibility and overtime relief four aspects,are divided into five chapters.The first chapter is introduces,including: the research background,content,significance,the present research situation at home and abroad,the research methods,the key problems to be solved and the innovation points.The second chapter is about the theory of overtime,clarifying the concept of overtime and introducing some theories about the overtime regulation.Fourth chapter of the extraterritorial overtime legal system for reference;The fifth chapter is consummates our country overtime legal system suggestion.This paper discusses the system of overtime law in our country,hoping to solve the problems of overtime law system in the legal standard level: The application of overtime datum is not uniform,the overtime limit is unreasonable,the employer's overtime responsibility is light and the overtime relief is difficult.