On Legal Adjustment Of Excessive Labor

The Chinese research on overwork started relatively late,and mostly focused on the fields of social security and human resources.The study of the concept,causes,and remedy measures of overwork is insufficient from the perspective of law.In the initial stage of socialist economic development,various factors also restricted the realization of Chinese labor rights of having rest along with the rapid development which caused the phenomenon of overwork is widespread.There are some reasons as follows.On the one hand,labor basic standard is not completed which includes the working hour system,rest and leave system,and the labor quota system are not deficient.On the other hand,the current laws cannot effectively and fully evaluate the overwork fact while the law enforcement is weak,besides legal remedy could not be completely functional which leads to disease,incapacity or death.Moreover,the level of relief is not sufficient enough.Regarding to the reasons of the above have as follows.Firstly,we should establish a complete labor basic standard,including strengthening the maneuverability of the existing working hour system,strictly controlling the flexibility of the rest and leave system and complementing and improving the existing labor quota system.Secondly,expanding labor inspection law availability,refining regulation types,increasing penalties for excessive working and improving the effectiveness of administrative law enforcement as well.Thirdly,enriching over-workers remedy measures contain various relief methods such as injury relief,occupational disease relief and tort law relief.Improving the injury assessment standards and compensation standards for over-workers,moreover,increasing their recovery rate and the possibility of reemployment.Building a relatively complete dimension of legal governance.In the process,we need to pay attention to the universality and specificity of various industries in the light of Chinese current relations of production and productive forces based on the above discussions about the key issues of overwork governance.For example,the influence of regional economic indicators of employment of enterprises and the special working hours system adopted by specific types of workers.Emphasizing the connection between legislation,administration of justice and administration,such as the forward-looking and operational issues of labor law legislation and regional protection and selective enforcement issues under labor law,etc.And furthermore,focusing on learning from extraterritorial experiences with a history of overwork governance and good results,such as Japanese precautionary measures against overwork,the American‘Flexible Working Hours’ system which exploits the labor union to negotiate functionally.Taiwan conjecture and take steps to divide the liability for work-related consequences according to relatively matched causality.Last but not least,this article will discuss the above content as previously mentioned,which will put forward constructive proposals,and I hope that the Chinese overwork phenomenon would be improved in the near future.