Research On Legal Protection Of Laborers' Right To Rest

The research on the laborers' right to rest is an important subject in human rights research of the modern human legal protection system,However,the study of the laborers' right to rest is feeble in theoretical level and practical level in China.Recent years,The case of infringing laborers' right are emerging ordinary,such as: Labors Working with extra time;endless working overtime;Being difficult to realize peaceful time at rest time;Cannot enjoy paid annual leaving;There many reasons bring to these chaos.But these reflection behind these chaotic images is our country labor's right to rest legal protection has inadequacies.The paper based on these problems or inadequacies and propose some advises to perfect our legal protection of laborers' right to rest,The paper is divided into four parts.The first part,First,Give a general overview of the conception of laborers' right to rest in the respect of academic interpretation,And enumerate the different conceptions of “laborers' right to rest” this legal conception in the respect of academic of China.Then point contents of workers' right to rest.Lastly,comb labor's right to rest legal protection of our country.The second part,Based on some survey of social organizations,Enumerate the specific case that infringes laborers' rest right: First Labors Working with extra time;endless working overtime: Including “996work schedule” and overtime-work.Point its illegality.Second,Being difficult to realize peaceful time at rest time.Third annual leave with pay cannot to implement.And analyze the reasons that to generate it from three inspects: society;companies and labors itself.The third part,analyze the major problems or inadequacies of laborers' right to rest legal protection,From Legal source,laborers' right to rest legal stipulations are so principled;inadequacy detailed principle to execute;inadequacy Criminal sanction.From Supervision and enforcement,Labor Union inadequacy its function;Supervision of Labor's function is weakening.From right relief,default independent conciliate organization to solve labor dispute.And Arbitration proceedings has limitation to solve these.The fourth part,propose the advises to perfect our legal protection of laborers' major problems or inadequacies that based on the third part.Firstly perfect the Legal source: Secondly,enforce the enforcement of law and supervision of Labor Union.Lastly,perfect right relief of labors' Set independent conciliate organization;Simplify Arbitration proceedings.By the way establish a data platform with advanced Information technology to deal with other things such as supervision;enforcement;The judicial affairs.Achieve judicial justice and right to rest of laborers'.