Research On Irregular Working System In China

Compared with the traditional standard working hours system,the irregular working hours system,as a special working hours system,reflects the flexibility of production or work,and is the product of diversified and flexible production modes in the modern market economy.Theoretically,under the irregular working system,the employing unit can deploy personnel to deal with emergencies at any time,and the workers do not have to abide by the fixed working time every day,and can flexibly use the rest time to deal with family affairs,which is conducive to the realization of optimal allocation of resources.However,in global practice,due to the unequal labor force,the failure of labor unions,and the lack of labor supervision,the irregular working hours system often reflects the unilateral interests and will of the capital,which leads to the infringement of the workers’ rights of rest,remuneration,autonomy of life and other rights,and further aggravates the imbalance of labor relations and social distribution.For the irregular working system,most countries have a complete supporting legal protection system.In concept,legislation and practice in our country,the problems become more prominent,the current lack of laws and regulations of the relevant definition of the working system,more the lack of specific adjustment mechanism,lead to implement the enterprise of the working system in suitable jobs,examination and approval procedures,rest and vacation arrangement,wages and so on,ignore the equal consultation and collective Labour,the principle and the system of capital were more obvious,cause don’t work timing system is lack of rationality,infringes upon the lawful rights and interests of labourers.This paper takes the legal issues related to the irregular working time system as the research object,which has important theoretical value and practical significance.This paper focuses on the legal defects of China’s irregular working system and how to improve it.This paper consists of three parts: introduction,body and conclusion.The body is divided into five parts:In the first part,starting from the institutional background,rationality and necessity of the emergence of China’s irregular working system,the author expounds that the emergence of China’s irregular working system is a realistic response to the increasingly flexible labor relations and a supplement to the standard working hour system.The second part mainly discusses the legislative and judicial status,problems and differences of China’s irregular working system.At the legislative level,by sorting out the current normative documents concerning the irregular working system,the author summarizes the unclear identification of working time,standby time and shift time under the irregular working system in China,as well as the inconsistency of the applicable scope of the irregular working system and overtime pay.From the perspective of judicial practice,this paper points out the challenges brought by China’s irregular work system to the rights and interests of workers,such as rest and vacation system,compensation request system,and occupational safety system.The third part analyzes the causes of the above problems,such as imperfect laws and regulations,lack of trade unions and collective bargaining mechanism,and imperfect working hour management system.The fourth part refers to the relevant provisions and corresponding supporting mechanisms of the irregular working system outside the region.The fifth part starts with the basic objectives and specific supporting measures and puts forward relevant Suggestions based on the effective experience and advanced practices outside the region to improve the irregular working system in China.This paper finds that: first,China’s irregular working system has its necessity and rationality.In the context of flexible employment,the traditional standard working hour system is not enough to adjust,and the irregular working hour system makes up for the limitations of the standard working hour system.Second,China’s irregular working system has brought many challenges to the protection of workers’ rights and interests.Disputes over the identification of senior managers in the scope of application of the irregular working system;Lack of basic concepts such as working time and standby time;Unclear provisions on the workers’ right to rest and vacation and the right to claim labor remuneration;In the irregular working system,it is difficult to identify occupational safety in the field and for security personnel.Third,throughout a similar system in the developed countries,the enterprise of the working system and related management and scope definition,has global convergence,but don’t work timing system in our country still has the following characteristics: one is not regular work system in our country in the process of labor prior consultation mechanism and controversy after collective negotiation mechanism is missing,and the special properties of labor union,causes the whether can really represent workers in doubt;Second,there are large differences in the power of examination andapproval among different regions.Some local governments take a strict attitude of examination and approval for fear of causing administrative risks,while some local governments relax the approval standards to support economic development,leading to great differences in the examination and approval of the irregular working system.In view of this,this paper finally suggests that,on the basis of drawing lessons from overseas experience in defining and adjusting the applicable scope of the irregular working system,based on the principle of balancing the protection of workers’ rights and interests and the management right of the employing unit,the first step is to clarify the relevant concepts in the labor standard law and implement more explicit and rigid adjustment to the working hour system.Secondly,we should improve the mechanism of collective bargaining and equal consultation between labor and capital,and solve the specific arrangement of irregular working time system through the collectivization mechanism of labor relations.Finally,the working hour management system should be strengthened to clarify the legal responsibility for the violation of the irregular working time system,including the public law responsibility and the private law responsibility.In terms of supervision,we should establish a multiple supervision system for the whole working hour system and the irregular working time system,and realize a supervision system combining the supervision of labor administrative departments,the supervision of trade unions and the reporting of workers.Third,give full play to the supervision function of all kinds of media(including we media)and reasonably relate the employment behavior related to working hours of enterprises to the credit investigation of enterprises,so as to form a powerful social restriction mechanism.