Research On The Application Of Flexible Work Hours Work System In China And Perfection Of System

Flexible work hours work system is a part of system of working hours,which is the core content of Labor Standards.The background of the legislation is so different from current society,that the system isn't adapted to current labor relationship.In this paper,reasonable suggestions will be given based on case analysis,law analysis and comparison between China and abroad.So-called flexible work hours work system is a kind of system of working hours,in which employees work feely and have the right to arrange his rest time himself,for the nature of work is so special that working hours can't measure the fruit of labor correctly.The real intention to set up the system is for increasing management efficiency of the company by improving the employment flexibility,but a lot of problems appear in practice: the range of application is not definitely provided in law,so the range is enlarged easily;employer utilize the system to avoid paying overtime,so the right of rest is infringed;the effect of administrative approval remains unclear,so the employer is faced with legal risk in labor relationship.Some types of work are full of special work time,which have the quality of low degree of controlled,weak working strength and low value of product.To manage special work time,employer usually adapt flexible work hours work system to it,but actually,it goes in a wrong way.The root cause of the mistake is that working hourscan't be subdivided in existing law.As the Arthur suggested,the legislation level of special system of working hours should be raised,the relating systems should be perfected,such as production quota,paid annual leave,quit system etc.,special working hour system should be established by legislation and administrative approval should be turned into administrative registration,so that the flexible work hours work system can play a positive role in labor relationship.