| Since the beginning of the special working hours system was promulgated to meet the demand for flexibility in employment,it has played an important role in meeting the production needs of special industries during the more than 20 years of implementation,adapting to flexible production arrangements,enhancing the competitiveness of enterprises,and safeguarding the economy.However,with the deepening of economic globalization,the rapid development of the "Internet +" and the emergence of emerging industries,the socialist market economy system has gradually improved,and the existence environment of China’s special working hours system has also undergone significant changes.The demand for special working hours in various industries and jobs has soared.However,the current special working hours system is relatively narrow in scope of application,has strict job restrictions,and has a high threshold for administrative approval,which has to some extent limited social economic development.It has a negative impact on the harmony and stability of labor relations.This paper studies the special working hours system from the perspective of legislation and practice,combining the provisions on the scope of application of the special working hours system and the analysis of the actual operation of enterprises and government examination and approval departments.Summarizing the contradiction between the scope of application of the special working hours system and the actual needs and the problems caused by it,it is concluded that it is necessary to adjust the scope of application of the special working hours system in China.Based on the current special working hours system in the scope of application of the problem,combined with domestic and foreign legislation,research and judicial doubts to sum up and analyze.On the question of applicable posts,the background and legal principles of the applicable posts in other countries or regions are analyzed by comparing the positions applied to the special working hours system in other countries or regions.According to the actual situation of our country,the definition principle and improvement direction of the applicable position of our special working hours system are clarified.Through the research of local laws and regulations and specific case analysis to clarify the development trend of special working hours in the current practice,and combining with the attitude of our country’s legislation and academia,this paper summarizes the adjustment direction of our country’s special working hours system and how to follow up related supporting measures.We hope to ensure the common protection of labor rights and business interests,enhance the adaptability and flexibility of the special working hours system,and promote the sustainable development of China’s economy. |