Judicial Recognition Research Applicable To Unscheduled Work System

It is of great significance to study the identification of irregular work schedules.The scope of the Internet+era irregular work system has become wider,and the recognition of the irregular work system affects the overtime pay and work injury identification,sums up the critical points of the trial of the irregular work system,clarifies the characteristics of the irregular work system,and gives full play to the contractual meaning.The role of autonomy,dilute the administrative examination and approval of the irregular work system,and clarify the actual implementation of the judgment standard for the irregular work system,and have guiding significance for the determination of the irregular work system.Through the study of judicial trial cases that identify irregular work systems,sum up the practical experience of judicial trials in various places,and provide reference for future trial practice.This paper is divided into four parts:the status quo of judicial trials determined by irregular work system,the analysis of the status quo of judicial trials identified by irregular work schedules,the problems existing in the determination of irregular work schedules,and the specific recommendations for improving the identification of irregular work schedules.Through the analysis of a large number of cases concerning the irregular work system,the following conclusions are drawn:the problem of the identification of the irregular work system has been tried many times and has obvious regional characteristics;the background of the irregular work system is whether to pay overtime wages.And whether it is recognized that the work-related injury;the standard mode of the irregular work system is that the work post meets the characteristics of the irregular work system,and the labor contract stipulates that the irregular work system is implemented,and the employer conducts administrative examination and approval for the implementation of the irregular work system,laborers and employers.The unit actually performs the irregular work system in the work;whether the labor contract stipulates that the irregular work system has no influence on the determination of the irregular work system;whether the administrative work system can determine the irregular work system for the irregular work system,the courts do not First,it is not necessary to carry out administrative examination and approval to determine the irregular work system.It can be seen that the identification of the irregular work system gradually weakens the administrative examination and approval,which reflects the change and general trend of the irregular work system identification theory----The impact of administrative examination and approval on the identification of irregular work schedules;the actuality of irregular work schedules Fulfillment is a necessary condition for the identification of irregular work schedules.If it is necessary to determine that irregular work must be consistent with the actual implementation of the principle of irregular work.From the above analysis of the judicial status quo of the irregular work system,it is concluded that there are different results of the similar job identification,the contractual agreement autonomy is invalid,the administrative approval has the opposite view,and the actual performance of the post is determined.Unknown problem.From the analysis of the legislative trend of the problem of unscheduled work system identification,the characteristics of the irregular work system are defined in the substantive law,the role of the contract is used to realize the autonomy of the meaning,the administrative approval of the various ways is substantially weakened,and the criteria for judging the actual implementation of the irregular work system are embodied.In the procedural law,the principle of the allocation of burden of proof is used flexibly,and the criteria for judging the standard of high probabilistic proof are improved.