Research On The Legislation Of Workers' Right To Rest In Non-standard Labor Relations

The right of rest is a right granted to workers by the Constitution and Labor Law of China.As a part of the right of work,the study of the right of rest in China still has a relatively primary stage,and the study of the right of rest has not reached a very deep level.The legislative provisions on the right of rest in our country have the characteristics of small quantity and lack of specificity.All these problems exist in the regulation of workers' right of rest in the standard labor relations,and the provisions on laborers in non-standard labor relations are even less.In addition,the right of rest of the laborer is often violated by such factors as not leaving work on time,not taking vacations on time and so on.The situation of the laborer in non-standard labor relations is more serious.In order to effectively guarantee the right of rest of the laborer in non-standard labor relations,and to effectively guarantee the complete and effective realization of the right of rest,it is necessary to improve the relevant legal provisions of the right of rest of the laborer in non-standard labor relations.This paper focuses on the identification of non-standard labor relations and the legal definition and legal realization of the right of rest of the laborer in non-standard labor relations.This paper expounds the attributes and value of the right of rest of the laborer,clarifies the identification criteria of non-standard labor relations which are different from standard labor relations,and analyses and draws lessons from the advanced legislative experience of foreign countries.This paper analyses and discusses the relevant provisions of the current labor law on the right of rest of the laborer in non-standard labor relations,and analyses the problems existing in the legislation of the right of rest in non-standard labor relations in China.These problems mainly include: in the legislation of overtime,the scope of working hours is ambiguous,Labor quota management lacks unified standards;in the legislation of vacation,it is difficult to implement the system of paid vacation,The design of paid vacation's days and interval is unreasonable;In the aspect of night shift legislation,there is a lack of regulations on the time range of night shift,etc.On the basis of fully drawing lessons from foreign relevant management experience,the author putsforward some perfect suggestions for the problems put forward in the summary: defining the scope of working hours in overtime legislation,Determine standard of the work quota,strengthening the enforcement of law by the labor administrative departments;In terms of vacation legislation,the supervision mechanism of paid vacation system should be established,raising the standard of paid vacation days,perfecting the interval design and raising the illegal cost of employing enterprises;defining the time range of night shift and stipulating the salary of night shift separately in the legislation of night shift.