A Study On The Dilemma Of The Realization Of Workers' Right To Rest And The Guarantee Mechanism

In modern society,the law of supply and demand in the economic market is the core of the allocation of labor resources,while the fairness of social law is the principle of the allocation of labor resources.The social law attribute of the right to rest lies in that the personal attribute of workers is no longer limited to the equality of private law,but has the attribute of public law,which has the characteristics of equality of public law.However,the emergence and spread of the "996" work system makes the allocation mechanism of labor resources no longer conform to the general principles of contemporary labor law.The formal equality in private law instead of the equality in social law has become the core of the allocation of labor resources.The law of supply and demand in the labor market is divorced from the social adjustment.Once again,it returns to the same supply and demand relationship with the commodity market,which is obviously not in line with the development trend of modern labor law,but also greatly damages the legitimate rights and interests of Chinese workers.The classical school of economics "market resources should be fully allocated by the market,and the government should not interfere." The theory of "night watchman" has been proved wrong by many financial crises.The government's macro-control has the function of correcting the mismatch of market resources.The "996" working system is popular in China,which shows that there is a mismatch of labor resources in China.Therefore,strengthening government supervision and giving the government the initiative to crack down on the violation of workers' right to rest,so as to correct the resource allocation in the labor market from the macro level is an important way to solve the plight of the "996" working system and protect the legitimate rights and interests of workers.Fully understanding the concept and value of the right to rest is the premise of analyzing the essence of the "996" work system,exploring the causes of its emergence and putting forward the corresponding improvement measures.However,the concept of the right to rest has not been unified in the academic circles of our country,and it has not been clearly defined in the legal provisions.In terms of the value of the right to rest,Chinese scholars mostly analyze it from a single point of view,without a comprehensive explanation.Therefore,the first part of this paper starts from the definition of the concept of the right to rest,and defines the right to rest from two aspects: the attribute and the value,trying to clarify the concept of the right to rest to a certain extent,and promoting the process of the right to rest from the right declaration to the implementation,from what should be to what should be.This paper defines the concept and value of the right to rest.From this point of view,we can analyze the "996" work system,understand the aspects in which the "996" work system infringes the right to rest of workers,and how the law stipulates these aspects,and what problems are exposed in the "996" work system.Therefore,the second part of this paper analyzes the reasons for the problems of "996" working system,such as more than 10 hours of working time per day,low benchmark wage and the resignation workers' delay in bringing up labor arbitration,and analyzes the problems existing in the current labor benchmark system in China,such as the division of preparation period and standby period in the labor benchmark Clear issues,reasonable determination of working hours on duty,determination of wage range in wage benchmark and low minimum wage standard;the failure of collective negotiation system in labor relationship coordination system to play an effective role and the problems existing in the mode of arbitration before trial in labor arbitration system,etc.After hundreds of years of negotiation and struggle,workers in developed countries have formed a relatively complete and powerful system to protect workers' right to rest.For example,its powerful trade union can fully safeguard the legitimate rights and interests of workers by organizing workers to strike,actively participating in political activities and other ways;the government has raised rest and vacation to the height of workers' basic survival rights through legislation,making the right to rest not only an inviolable right of employers,but also an obligation that workers cannot give up;and The employer who seriously infringes on the right of rest not only requires him to bear civil liability,but also punishes him in criminal law.However,the introduction of law is not a simple copy,but also needs to be combined with the characteristics of China's system and legal practice to carry out localization.Therefore,the third part of this paper summarizes the advantages of the labor law system of the United States,France,Germany and other developed countries,and uses them for reference after the transformation of China's national conditions.Before the adoption of the concept and value of workers' right to rest,the analysis of the background,causes and problems of the "996" work system,the refinement and summary of the advanced experience of the labor protection system in developed countries,the fourth part of this paper aims at the problems of the current legal security system of workers' right to rest in China,from the perspective of legislation This paper proposes to define the meaning and scope of working hours and to perfect the minimum wage system and collective negotiation system;from the perspective of public power,this paper discusses how to establish a strong labor administrative supervision system and how to give proper inclination to workers in the procedural law from the perspective of judicial practice,hoping to lighten the working burden of workers and guarantee their rest Interest rights can help.