Study On The Legal Governance Of Excessive Labor

Every citizen has the right to work and the right to rest in accordance with the law.Labor not only provides economic income for workers,but also brings economic benefits to employers,but also makes important contributions to the development of the country.However,under the effect of many factors such as economic benefits,excessive labor is caused,and the phenomenon of excessive labor is becoming more and more intense.Excessive labor brings great harm to workers' physiology and psychology.The light situation can make workers tired for a long time.The heavy situation may seriously injure the health of workers,and even lead to death from overwork.In order to protect the legitimate rights and interests of the workers,the problem of excessive labor should be solved through legal means.It is a pressing task to explore a way of legal control over excessive labor and form a perfect legal mechanism to provide legal guarantee and institutional guarantee for laborers to safeguard their legitimate rights and interests.This article is composed of three parts,and the specific contents are as follows:The first part is an overview of the legal governance of excessive labor.Firstly,through literature,legal concept and legal characteristics of excessive labor were defined;Secondly reasons of excessive labor arise mainly from the employing units to carry on the thorough analysis,excessive labor leading employers are closely related to the employer and the blind pursuit of economic interests,poor management and illegal cost is not high;Finally,the necessity of the legal governance of excessive labor is interpreted.The legal governance of excessive labor can not only safeguard the legitimate rights and interests of the workers,but also the necessary requirements for maintaining a stable labor order and social and economic order.The second part is the analysis and summary of the current situation and shortcomings of overemployment legal governance in China.Through the analysis of the current situation of the legal governance of excessive labor in China,it is concluded that the shortcomings of the legal governance of excessive labor mainly include the blank of the special laws of excessive labor,the unsound labor standard system,the imperfect safety of the workers,the lack of standards for the identification of excessive labor,the corresponding institutions and excessive labor.There are difficulties in applying industrial injury regulations and limitations in relief for excessive labor.In the third part,the author puts forward some suggestions to improve the legal governance of excessive labor in China.First of all,to improve the basic provisions of excessive labor,the basic content of the legal concept,the legal classification of excessive labor and written into the labor law;Secondly,to improve the labor standard system,we should not only establish the standard of labor quota,but also perfect the system of labor time and rest and vacation;Again,strengthen employee occupation security,improve the occupation health care system,the establishment of overwork fatigue recovery and rehabilitation mechanism;In addition,it should also be through the way of standards,the establishment of specialized agencies that excessive labor making excessive labor improve the cognizance of the excessive labor;finally,to improve the provisions of excessive labor for work-related injuries,perfecting the legal remedy for excessive labor.