Legal Analysis Of Excessive Labor And Treatment Suggestions

The rapid economic development has posed new challenges to both employers and workers.Employers need to improve economic efficiency and control costs,and workers also need to work hard to create a happy life.However,controlling costs and striving for rejuvenation do not mean that it must be achieved by sacrificing the health and even life of workers.After the material needs are met,the people need more to pursue spiritual and cultural enjoyment than to work overtime and work hard.At present,"excessive labor" has become a very common phenomenon in China,but after analysis,it is found that this phenomenon is contrary to Marxism,the value orientation of China’s labor law,and the current international trend of protecting workers’ right to rest.Therefore,this paper hopes that employers,workers and even the whole society can realize the importance of moderate labor by building correct values of labor law and distinguishing right from wrong.Finally,in order to make the constructed values better manifest in the operation of the law,in view of the existing labor legal system,put forward some governance suggestions on "excessive labor".First of all,this paper studies and analyzes the existing literature at home and abroad to understand the current research results and research trends on the issue of overwork.The literature mainly focuses on the concept,measurement,causes and remedies of "excessive labor",so as to determine the research focus of this paper.It is found that although there are many studies on "excessive labor" at present,it presents a messy and unsystematic problem,and different research directions cannot be connected.Secondly,because there is no concept of "excessive labor" in China’s law at present,and there is no unified statement in the academic circles,and some scholars’ definitions are reasonable but not comprehensive,so the author defines the legal concept of "excessive labor" based on existing research results and experience,and clarifies its identification criteria,including legal standards,physiological and psychological standards.Through data analysis,data analysis and other methods,this paper explains the current situation of "excessive labor" in China and analyzes the possible reasons,some of which are due to the imperfection of legal norms.Once again,construct the correct concept of labor values and answer four questions from a legal perspective: the status of labor in the social economy,the ultimate value pursuit of labor law,the phased goals of labor law,and whether labor law should respect the life,health,dignity,and freedom of workers.And from a legal perspective,the analysis of "excessive labor" concludes that "excessive labor" does not conform to Marxist ideas and concepts,and contradicts the value orientation and legislative spirit of China’s labor law,which is not conducive to the healthy and sustainable development of workers.Finally,on the basis of the above content,in order to make the correct concept of labor manifest in the substantive law,combined with the existing legal provisions of our country,analyze the labor rest system and overtime system,and put forward some governance suggestions,mainly including the prevention and relief of "excessive labor".Among them,the prevention of "excessive labor" is first to fill the legal gap,first to determine a unified concept and standard,and then to improve the existing provisions,including improving the rest and leave system,and clarifying and strengthening the legal responsibilities of employers.The relief of "excessive labor" is mainly to include "excessive labor" into the work-related injury relief as soon as possible,and the main way is to list it as an occupational disease.Through the above governance methods,we can effectively mobilize the labor enthusiasm of workers,scientifically allocate labor resources,and realize the sustainable development of labor.