Research On Legal Regulation Of Overtime System In China

The overtime system is an extension system of the standard working hours system.The standard working hours system is an important system to reflect and maintain the resting right of the laborers.The overtime system embodies and maintains the resting right of the laborers while balancing the labor force between the employing units and the laborers.In recent years,with the continuous development of China's economy,labor market supply and demand has become a serious imbalance,enterprises and other employers to work overtime phenomenon gradually increased,workers working hours continue to increase,the rest time is reduced,resulting in many "Overwork death"phenomenon.In order to maintain the rest of the workers and ease the tension of labor relations,the world generally on the overtime system has been provided.In recent years,China's overtime system has become increasingly perfect,but in practice there are still many problems.Labor legislation from the overtime pay,overtime and illegal overtime penalties aspects of a strict system design.From the system design level can be described as complete,but the implementation effect is not satisfactory,at the same time,the overtime system related to the legal provisions are not perfect,security measures are not in place,resulting in our workers after work overtime interest can not be effectively maintained.The author analyzes the current situation of overtime system in recent years,combs the current legal regulation of overtime,analyzes the legislative defects and confuses of law enforcement,analyzes the shortage of legal regulation in our country and summarizes the problems of overtime system in China,and puts forward the countermeasures of overtime Regulation of the corresponding countermeasures,so that overtime legal regulation has been implemented.The main contents of this paper are as follows:The first part is the introduction.It mainly introduces the background of the research,the research methods,and the research status of the overtime problem at home and abroad.This part introduces the content and the innovation of this paper and the difficulty of this research.The second part is the overview and history of the overtime system.This paper introduces the history of overtime system and the definition and type of overtime,which elaborates the concept of working time and rest time,and elaborates the definition of overtime.The third part analyzes the theory of overtime system,mainly from the theory of rest right,the theory of remuneration right,the theory of life and health rights and the theory of distribution according to work,which provides theoretical support for the research of the thesisThe fourth part is the analysis of the problems and causes of overtime system in our country,and analyzes its causes.The.main laws and regulations are not perfect,the burden of proof of work is not clear,the employer to avoid the lack of awareness of law and workers overtime and overtime system to improve the four aspects of the system.From the legislative provisions and practice two aspects of the problem.The fifth part introduces the provisions of foreign overtime system,learn from the advanced experience,for our future overtime system legislation to provide a reference.The sixth part puts forward the effective measures and measures to solve the problems of overtime system in our country,and provide an effective theoretical support and solution for the future supervision of illegal overtime.