Legal Research On The Problem Of Overtime In The Piece Rate System

The piece-rate system,it's a form of wage that determining the labor compensation based on the workload of the laborer.And it's implemented the payment mode of “distribution according to work,more work and more”.The piece-rate wage system is a highly motivated wage system,which directly links labor results with labor compensation.Not only can it better mobilize the enthusiasm of workers to promote the improvement of production efficiency,but also can promote the improvement of enterprise management system and labor organization,and reduce the cost of enterprises.However,these characteristics of the piece-rate wage system also tend to cause the following problems: it's easy to be used by the employer,who neglecting the problem of overtime work;and then due to frequent overtime and overtime pay bring the issue of violating the rest and vacation rights and labor compensation rights of workers.From the perspective of labor rights protection,this paper tries to comprehensively and deeply analyse and point out the overtime problem existing under the current legal system framework,and proposing to improve the problem of overtime work under the piece-rate wage system,according to the current situation of piece-rate wage system,closely combining the existing laws and regulations,and objectively putting overtime work under the piece-rate wage system from substantive law and procedural law.In addition to the introduction,conclusion,acknowledgment and reference literature,this paper mainly contains three parts.The first part is mainly an overview of the design of the piece rate system and analyzes the current situation of overtime work under the piece rate system.From the two aspects of legal regulation and judicial status,the problem of overtime in the current piece-rate wage system is pointed out,and the problem of overtime work in the piece-rate wage system is grasped as a whole.The second part,under the current legal framework,systematically introduces the problems and deficiencies of piecework wage system in the recognition of overtime,the calculation and payment of overtime wage and the problem and shortage of the distribution of proof burden for overtime pay.For example,the standard of over-work of the piece-based wage system is unclear,the calculation base for overtime wages is unstable,the calculation method is not standardized,the legal liability for not paying overtime wages is light,the distribution of burden of proof is unclear,and the period for rewriting overtime wages is limited.The third part proposes specific suggestions for solving the problem of overtime work under the piece-rate wage system from the perspective of improving legislation and law enforcement.First of all,the standard of overtime work should be clearly defined in the labor law,and the formulation of labor quota and the unit price standard should be regulated;Secondly,it is recommended to improve the legal system for overtime pay protection and increase the legal liability for illegal activities;Finally,we will rationalize the procedural law of overtime disputes by constructing a system of overtime paying burden of proof and establishing a sound institutional platform.