Study On Legal Issues Of Overtime

In the past 40 years of reform and opening up,China's economy has developed rapidly and its national income has continued to increase.It has become the world's second largest economy.However,hidden behind economic development is the fact that workers are constantly working overtime.Excessive overtime work not only encroaches on the workers' rest time,but also damages the physical and mental health of the workers,and even causes the workers to“ overwork and die.”At the same time,the“ Labor Law ”is in the embarrassing situation of widespread illegality,which reduces the“ Labor Law ” Authority.Exploring the reasons behind this,obviously cannot be simply attributed to the imperfect legislation of the right to rest in the Labor Law.There are deficiencies in China's entire labor legal system and labor security legal mechanism.In view of the above reality,this paper studies China's overtime system,explores the existing problems,and makes suggestions on how to solve related problems.First,this article clarifies the related concepts and explores the legal principles behind overtime system and rules.This article believes that the definition of working hours from the perspective of the employer's dominance can better show the nature of working hours,while overtime is working during breaks,which is similar to shifts but different from shifts.At the same time,this article provides theoretical support for this research by exploring the three theoretical foundations that limit overtime hours,namely the theory of the right to rest in labor law,the theory of the right to life and health in civil law,and the principle of interest balance in social law.Secondly,on the basis of clarifying the serious phenomenon of overtime in our country,this paper explores the defects existing in the relevant rules of overtime in our country.One is the imbalance between overtime hours and working hours.Compared with other countries,China's overtime rules are characterized by high working hours standards,strict overtime time limits and statutory vacation time,which are not consistent with China's current economic development.There is also the problem of unclear working hours.Second,the base for calculating overtime pay is not clear.It is not specifically stipulated in the labor law,which causes problems in judicial practice.Third,the cost of illegal overtime is too low,including only small amounts of civil compensation and slight administrative penalties,and no criminal liability is provided.Thirdly,this article explains the reasons for the poor implementation of the overtime system in our country,which is mainly manifested in the inadequacy of the labor inspection system and the difficulty in effectively exerting the role of the labor union.The shortcomings of the labor inspection system include the lack of administrative coercive measures and administrative enforcement powers by labor inspection agencies,and the scope of labor inspection is too large,which overlaps with labor arbitration and other legislative deficiencies;there are insufficient staff in law enforcement,backward monitoring methods,and local protection of supervision The problem of interference.The difficulty of the trade unions mainly comes from the unclear positioning of the trade unions and the insufficient independence of the trade unions.At the same time,the lack of legal responsibilities and poor operability in the Trade Union Law.Finally,this paper is devoted to putting forward scientific and reasonable countermeasures and suggestions in making up the shortcomings of overtime related rules and improving the implementation mechanism of overtime system.Suggestions to make up for the shortcomings of overtime related rules are as follows: First,rationalize the overtime time limit,such as using 70 hours as the overtime limit,etc.,to improve the labor legislation system,clarify the break time,stand-by time,meal time,and preparation and closing time.Whether it belongs to working hours;the second is to uniformly calculate the base for overtime wages and recommend that the burden of proof be transferred to the employer;the third is to increase the cost of violations by increasing the amount of civil compensation,expanding administrative penalties,and adding criminal penalties.The suggestions for improving the implementation mechanism of the overtime system are as follows: First,to improve the labor inspection system,to independentize the labor inspection institution,to reasonably link the scope of acceptance of labor inspection and labor arbitration,and to give the labor inspection institution more administrative coercive measures and administrative enforcement powers.Innovate labor inspection methods;second,improve the trade union system,return the union to its position as a social organization,obtain corresponding independence,improve the legal responsibility of the Trade Union Law,and improve its operability.