Research On Special Working Hours System

China’s special working hour system was founded in the early 1990 s,which provides institutional guarantee for the organization of production and flexible employment in special industries.However,with the rapid development of social economy,new forms of flexible employment continue to emerge,the existing form of special working hours can not give an effective response;in addition,the people’s individual needs for updating personal knowledge structure and balancing work and life are gradually increasing,and workers express their keen desire for flexible working hours and "decent work".However,in reality,the special working hours system presents a variety of problems,such as single type,narrow scope of application,vague system provisions,administrative examination and approval as a mere formality,lack of supervision and punishment after the event,which leads to the widespread phenomenon of excessive labor,increasing disputes between employers and employees,and significant contradictions between rigid legal provisions and various labor market situations.The state should intervene in the game between the strong capital and the weak workers for the sake of fairness and justice.On the basis of comprehensively revising and improving the special working hour system,it should give more autonomy space to the working hour management system,so as to cope with the world development trend of working hour flexibility,endow the labor and capital with more options of working hour management,improve the efficiency of social development and protect the workers Legal rights and interests,promote the establishment of harmonious labor relations.This paper is divided into four parts to study the special working hours system The first part starts with the introduction of the concepts of working hours and working hours system,discusses the concepts and characteristics of the two main forms of the special working hours system--irregular working hours system and comprehensive working hours system,and discusses the legal nature of the special working hours system.The author thinks that the special working hours system belongs to the "social law" with the attributes of public law and private law.he second part focuses on the introduction of the advanced working hour system which is worth learning from abroad,such as the working hour system in the United Kingdom,the United States,Japan and Chinese Taiwan.The author thinks that the flexible working hour system in the United Kingdom has great influence on the work life of workers themselves The positive response to the demand of balance,Japan’s discretionary working hours system and the white-collar exemption system of the United States regulate the scope of application from different angles,and Taiwan’s "lenient entry and strict control" management mode re grasps the relationship between government,market and society,all of which are beneficial experiences in line with the trend of social development.The third part analyzes the current situation of legislative regulation at all levels on the basis of the existing legal provisions,and puts forward the problems existing in the current system,such as loose legislative system,low rank,single type of special working hours,narrow and vague scope of application,no clear labor quota,unclear positioning of administrative examination and approval,and ineffective collective negotiation mechanism The absence of supervision and punishment after the event.In the fourth part,on the basis of the above,the author puts forward suggestions to improve the legislation of special working hours from four aspects,hoping to improve the legislation of special working hours by optimizing the legislation system of special working hours,enriching the types of special working hours system,clarifying the scope of application,and scientifically formulating differentiated labor quota,so as to establish a differentiated administrative examination and approval system according to different situations and establish a healthy working environment We should strengthen the protection of workers’ rights through the mechanism of collective consultation and the mechanism of supervision and punishment after the event.