Research On The Protection Of Workers' Rights And Interests Under The Periodic Work System

In recent years,with the continuous development of the economy,various industries have emerged as the times require,and the corresponding man-hour pattern has also changed.Compared with the traditional standard man-hour system,the irregular man-hour system is more and more favored by major enterprises and institutions.Under this working hour system,employers can deploy staff to deal with unexpected situations at any time,and workers can also flexibly use their rest time to do more things,which can not only realize the optimal allocation of resources,but also meet the requirements of the development of the times.Although the emergence of the indefinite working hours system has a long history,there is no clear definition and specific implementation method under the current laws and regulations in our country,which leads to the lack of applicable basis in the applicable posts,approval procedures,rest and vacation arrangements,wages and benefits of enterprises and institutions implementing the indefinite working hours system,resulting in the system of indefinite working hours.Lack of rationality in its application,the contradiction between employers and workers is becoming more and more acute.As the most active and creative factor in all factors of productivity,laborers create material wealth in the human world,provide conditions for the creation of spiritual wealth and promote the progress of history.Therefore,protecting the legitimate rights and interests of laborers is an inevitable choice for the development of modern society.For the protection of the legitimate rights and interests of workers,every country has a complete legal protection system,China is no exception.But whether the content of protection of workers' rights and interests under the system of indefinite working hours can fully apply the relevant laws and regulations in the traditional standard working hours system,whether there are legal defects and how to improve the rights of workers in the system of indefinite working hours.Benefit protection has aroused the author's thinking.This article is divided into three parts to discuss the protection of workers'rights and interests under the system of unscheduled work.The first part analyses the theory of the irregular working system,summarizes the characteristics of the irregular working system and the traditional standard working hours system through the analysis of comparative law,and then clarifies the rationality of the existence of the irregular working system in the labor law and the applicable principles.The second part mainly discusses the problems and differences existing in the legislation and judicial practice of the unscheduled working system.Firstly,at the legislative level,the problems of substantive content and procedural content are analyzed in detail.Secondly,in the analysis of judicial practice level,combined with specific cases,it points out that there are some controversial issues about rest and standby time,attendance system,overtime fee and so on in the implementation of the unscheduled work system,and specifically analyses some specific practices in practice.In the third part of the article,the author puts forward specific suggestions for improvement,including substantive suggestions and procedural suggestions.Starting from both procedural and substantive aspects,and combining the effective experience and advanced practices of foreign countries,this paper puts forward relevant suggestions in order to promote the effective protection of workers'rights and interests under the unscheduled work system.