Study On Flexible Working Hours System Of Labor Law

The flexibility of working hours has become the trend of the development of working hours system in the world,and different working hours system will have different important influence on employers and laborers.The implementation of flexible working hours is conducive to employing units to improve production efficiency,and is conducive to workers to achieve the autonomy of the arrangement of work.The need for flexibility in the inherent standard working hours,how to realize the protection of workers ' rights and interests can balance the benefits of enterprises,it is necessary to build a more perfect legal system.The provisions of China's working hours system have been established for a long time,and the existing regulations in the current new economic development situation show obvious lag.Facing the impact of the flexible working hours system on the wages and rest of workers,it is the premise of realizing the legislative purpose to face up to the predicament caused to the laborers and the employing units and the Labor administrative departments in the implementation.There is no express provision for working hours and flexible working hours in our legislation,and the flexible working hours have obvious special features compared with the standard working hours,but there is a lack of institutional protection in the related overtime and rest and leave parts,so there are drawbacks in the process of implementation.The first chapter of this paper is about the theoretical basis of the flexible working hours system,mainly for the definition of the concept of flexible working hours,to explore its continuous wide application of the path and significance,in order to improve the legislation to provide a theoretical basis.The second chapter through the combing of legislative provisions,analysis of individual characteristics of local provisions,put forward the status quo of legislation prominent issues.The third chapter collects and collates the cases of judicial adjudication which apply the flexible working hours system in practice,sums up and analyzes the problems existing in the implementation,and puts forward the reasons for the problems in practice and the shortcomings of the legislation.The fourth chapter puts forward the shortcomings in the legislative provisions and judicial practice,and on the basis of adapting to the changes of social labor form and safeguarding the interests of the main body of labor relations,draws on the legislative experience of the relevant countries and individual regions on the flexible working time system in legislation,and puts forward some suggestions for perfecting the legislation of the working hours system in China.