Research On The Special Implementation Mechanism Of Standard Working Hours In My Country

Standard working hours,also known as legal working hours or legal standard working hours,refer to the maximum working hours of labourers specified in national laws.The legislative purpose of labor law is to protect the legitimate rights and interests of workers.The standard working hour system is an important system to protect the labor and rest of workers,which is of great significance,and also the basis for calculating other working hours and types.In the process of implementing the standard working hours system,the employers for profit are often reluctant to strictly implement the standard working hours system,while the overtime wage system reflects the legislative original intention of restraining overtime by law and forcing the employers to strictly implement the standard working hours system,which is a special implementation mechanism of the standard working hours system.At present,the function of overtime wage system as a special implementation mechanism of standard working hours has been infringed by the normalization of overtime and unreasonable formulation of labor quota under the piece work wage system.In order to protect the legitimate rights and interests of workers and ensure the legal status of standard working hours system,we must play the role of labor union and reasonable labor quota.Starting from the legislative intention of overtime wage system,we should pay As a special implementation mechanism of standard working hours.Based on the theoretical basis of the standard working hours system,combined with the original intention of the overtime wage system,this paper expounds the relevant problems of the special implementation mechanism of standard working hours from the perspective of the protection of workers' rights and interests,and puts forward suggestions for improving the special implementation mechanism of standard working hours by referring to the relevant experience of the implementation of the foreign standard working hours system.By expounding the significance of overtime wage system as a special implementation mechanism of standard working hours,this paper analyzes the problems existing in the process of exerting the function of overtime wage system: the increasing popularity of normalized overtime phenomenon,the malicious reduction of the calculation base of overtime wage by the employer,and the use of unreasonable labor quota by the employer to avoid overtime wage system under the piece rate wage system.In view of these problems,as well as the analysis of the performance of foreign related problems,on the one hand,in the improvement and function of overtime wage system,it is necessary to prohibit employers from requiring workers to work overtime at will.On the basis of existing laws and regulations,it is necessary to clarify and refine the physical conditions and procedural conditions that need workers to work overtime,strengthen the role of the labor union in the process of auditing,and maintain standard working hours The legal authority of the system,on the other hand,should improve and strictly implement the base standard of overtime wage calculation and the formulation standard of labor quota under the piece work wage system,give full play to the collective negotiation and supervision of the labor union on the basis of the macro provisions of the law,effectively guarantee that the overtime wage system can play the role of increasing the labor cost of the employer,and effectively restrain the employer in the willingness to work overtime.Reflect the value of the special implementation mechanism of standard working hours.