| Overwork refers to the fact that a worker in a subordinate relationship suffers physical and mental health damage or even death because the individual is in a state of exceeding reasonable labor hours and labor intensity.The mental health of workers belongs to the category of occupational health and refers to the occupational mental health of workers.Supported by theoretical and empirical research results,the relationship between overwork and laborers’ mental health can be basically confirmed.The correlation between overwork and the mental health of workers suggests that when studying the protection of workers’ mental health,overwork should become an influencing factor that cannot be ignored;studying the legal protection of workers’ mental health,the legal regulation of overwork will become effective way.Solving the mental health problems of workers under the background of overwork by means of legal protection is not only based on the necessity of protecting citizens’ health rights and workers’ occupational health rights,but also fulfilling the slanted protection principle determined by the subordination of labor relations.The protection of workers’ mental health under the background of overwork actually needs to solve the problems of three stages: prevention,relief and rehabilitation.Ideally: in the pre-prevention stage,the regulation of overwork and the prevention of mental health problems go hand-in-hand,and work together to avoid mental health damage to workers in the context of overwork;in the post-event relief stage,work injury relief and civil relief are used to protect labor.In the rehabilitation stage,the goal is to obtain the cost and time for rehabilitation,and not face employment discrimination due to impaired mental health.However,after careful review,it is not difficult to find that the current legal norms have certain shortcomings in dealing with problems at various stages.In order to improve the legal protection of laborers’ mental health under the background of overwork in my country,we can learn from relevant foreign rules and regulations and system application experience,and obtain enlightenment on the improvement of legal protection in my country on the basis of applicability analysis.By improving labor standards,improving supervision norms,and improving mental health protection content in the prevention stage,changing the concept of work-related injury relief,expanding the scope of work-related injury identification,and improving civil tort relief methods in the relief stage,and clarifying the burden of workers’ rehabilitation costs and applying sick leave in the rehabilitation stage During the medical treatment period and standardizing the mental health testing behavior of employers,a legal protection system for the whole process of laborers’ mental health problems under the background of overwork has been established. |