Study On Legal Problems Of Irregular Working Time System

As a special working hour system in China,the irregular working hour system has attracted much attention since its implementation.On the one hand,it can enhance the enterprise's competitiveness and employment flexibility;On the other hand,workers can reasonably arrange working time and rest time,for the development of harmonious labor relations is of great significance.With the rapid development of China's economy,the employment forms of enterprises have become diversified,and the irregular working time system under the current law of China has been difficult to adapt to the social changes.In the implementation process of the irregular working time system,due to its low level of legislation and vague scope of application,it cannot be effectively implemented,which infringes on workers' right to rest and other rights.The purpose of this paper is to study the irregular working time system in China,and to put forward some feasible Suggestions for improving the irregular working time system,so that it can better adapt to the development of society.This paper is divided into four parts to explain the irregular work system.The first part is an overview of irregular working hours.As a system innovation of China's standard working hour system,the irregular working time system has its unique advantages and characteristics.Understanding the concept and characteristics of the irregular working time system and the significance of implementing the system is the basis for further study of the irregular working time system.The second part is about the regulation of irregular working time system in America,Britain,Germany and Taiwan.There are systematic and perfect regulations on the contents and procedures of the research on the irregular working time system in other countries.The author hopes to learn from the experience of the irregular working time system and provide theoretical reference for the improvement of the irregular working time system in China.The third part from the duty when not the law in our country,summarizes the problems and defects,mainly for the duty when not low legislative level,the approval process chaos,the lack of specific jobs suitable directory and statutory exemption system,laborer counterpoises cannot get safeguard,absence of supervision of the Labour administrative department,etc.These problems are the main reasons why the irregular working time system can not play its effect in our country.The fourth part is aimed at the problem of irregular working time system in our country put forward the corresponding Suggestions to improve.It mainly includes five aspects: first,standardize the examination and approval procedures of the irregular working time system,including the implementation of the consultation system before the examination and approval and the specific process during the formulation of the examination and approval.In order to unify the irregular work system of approval procedures,to be orderly,reasonable and legal;Second,make a detailed list of applicable positions and legal exemption system,so as to identify the applicable personnel of the irregular working hours system and avoid the abuse of this system by enterprises.Third,refine the rest system of irregular working hours.Sufficient rest time is of great significance for workers to restore to their working state.Fourth,increase the punishment for the act of violating the irregular working time system,increase the illegal cost of the employing unit,and ensure the correct implementation of the irregular working time system;Fifth,strengthen the supervision responsibility of the labor administrative department,the main measures are to strengthen its law enforcement,reduce the scope of its supervision,etc.,for the implementation of irregular work system escort.The author hopes that through these Suggestions,the irregular working hours system can be effectively implemented,so as to promote the healthy development of Chinese enterprises,and to better protect the rights and interests of workers.