Protection Of Workers’ Right To Rest

With the rapid development of technological innovation and service industry,China is in a period of high economic development,the industrial structure has also undergone great changes,and the way labor is employed in China has become diversified and complicated,from the original manual labor-based to mental labor-based,and office space has been transferred from workshops and factories to commercial office buildings,and many daily tasks can be carried out anywhere by computer,which greatly improves work efficiency and product quality.Many daily tasks can be carried out anywhere by computer,which greatly improves work efficiency and product quality.With the rapid development of the tertiary industry,many jobs suitable for remote labor have also emerged.Such a big change in the structure of the industry has led to a huge change in the working pattern of workers,who are facing more and more normalized overtime work,and the frequently mentioned key words "996","007" and "struggler agreement" in recent years.The key words "996","007" and "struggle agreement" are often mentioned in recent years,reflecting that workers are often in a state of overtime work,and how to protect their right to rest is of great concern.China’s standard working hours system and special working hours system together establish the benchmark of working hours,but the existing relevant working hours system in China lacks a system,and the theory of labor law does not clarify the scope of application of the irregular working hours system and the comprehensive working hours system,which cannot adapt to industrial changes,leading to the abuse of the above system by employers to extend the working hours of workers.The purpose of this paper is to study the working time system in China,combine the relevant regulations in foreign countries,and put forward some feasible suggestions for improving the working time system in China,so that it can better adapt to the development of society.This paper is divided into four parts to explain how to protect workers’ right to rest by improving the working time system.The first part is an overview of the current situation of workers’ right to rest protection.By clarifying the importance of workers’ right to rest to workers and the current situation of workers’ overtime work nowadays,we explore the reasons why workers’ right to rest is not guaranteed.The second part summarizes the problems and defects of China’s working hour system from the perspective of its problems and defects,which are mainly manifested in the lack of systematic design of the current system working hour system and its inability to adapt to industrial changes,the blurred boundary between working hours and rest time,the few punitive measures for employers and insufficient enforcement,the unclear arbitrary and mandatory norms leading to workers’ "voluntary " waiver of the right to rest has become a legal act.All these problems are important reasons for the failure of China’s working hours system to play an effective role in protecting workers’ rest rights.The third part is to sort out the relevant working hour systems in overseas countries including Japan,Korea and EU regions.The author hopes to learn some of their experiences on the working hour system,which can be used as a theoretical reference for improving the working hour system in China and protecting workers’ right to rest.The fourth part is to put forward corresponding suggestions for the problems of China’s working hours system.The main suggestions include clarifying the conditions of application of special working hours system,clarifying the boundary between working hours and rest time,increasing the illegal cost for employers to violate workers’ right to rest,and clarifying the arbitrary and mandatory norms in the law.The author hopes that through these suggestions,the working hours system can be improved in legislation and application,so that workers’ right to rest can be effectively protected by law,thus promoting the healthy development of China’s economy and better protection of workers’ rights and interests.