Research On The Legislation Perfection Of The Special Working Time System In China

Established long long ago,the existing legal systems regarding working hours in China is mainly in accordance with the Labor Law of the People's Republic of China promulgated in 1994,the Measures for the Examination and Approval of Non-regular Working Hours System and Comprehensive Calculated Working Hours System Adopted in the Enterprises promulgated by the former Ministry of Labor in 1994,and the Regulations of the State Council regarding the Staff's Working Time promulgated by the State Council in 1995.Since these regulations are highly principled and elaborated insufficiently,the regulations for special working hours system only target low class,and the operation mode and employment pattern have significantly changed in the society,it is necessary to conduct some study and put forward the improvement recommendations with respect to existing special working hours system in China.This article studies the working time system in three parts.Part I introduces the meaning of special working hours system and analyzes its legal nature.Introduction to legal nature is mainly to illustrate that the special working hours system that protects the interest of all labors also has its nature in private Iaw and social law,in addition to the nature of public law in which the interest may be protected and maintained through public power,thus inducing the opinion that the autonomous scope and content for the labor and the employer should be expanded.Part II describes the legislation status quo of special working hours system and analyzes current existing issues.In addition to introduction to existing regulations,this part especially describes the Regulations for the Administration of Special Working Hours(Draft for comments).Though such Regulations have not been implemented,the content has been improved significantly and therefore deserves expectation;moreover,this part also specifies that the Draft has contained appropriate new contents and does not need to be discussed further.Besides,this part describes the existing issues regarding special working hours system and look to find appropriate improvements based on the study on the issues.Part III introduces foreign legislation regarding this aspect and appropriate experience.In domestic related literature that the author has access to,more is related to special working hours system in German,Japan and Taiwai as well as US with not latest data,this part describes the exemption system of US in a detailed manner.Moreover,British regulations regarding working hours,especially flexible working hours system,are applicable to current changing social work style and operation mode of the enterprises.Thus,a detailed introduction is made here.Part IV gives personal recommendations,mainly including integrating normative references regarding labor benchmarks,revising current special working hours system,adding flexible working hours system,enriching the forms of employment contract,and enhancing the building of labor security mechanism,etc.