Research On The Labor Law Regulation Of Extending Working Hours In China

Working time is the hours when employers work or produce in order to perform their duties,it is an important factor of employers’ workload,and it is also one of the key ingredients of their working conditions and labor health.The extent of the prolonginng working hours reflects the trade-off between the level of productivity about enterprises and the health rights and interests of employers’ rest.Due to the disparity in strength between the two sides,legislation is used to intervene on the basis of the agreement between employers and employees,thus breaking the dominant position of employers in concluding agreements,so as to achieve a balance between the two.In recent years,the phenomenon of overtime and the right of workers to rest has been widely discussed in the academic circles,and many views have been discussed around the legal regulation of the phenomenon of "overwork death" to explore the balance of extending the working hours system in the constitutional rights such as workers’ right to rest and health,but few special studies have been made on the establishment of overtime system in the current legislation.In view of the above,this paper aims to reflect on the application dilemma of overtime system in the real society by combing through the provisions on overtime conditions in the current legislation.The basic architecture of the article is:First of all,this paper makes a legal analysis of the elements and mechanisms for extending working hours.The first section mainly introduces the formation and evolution of the extension of working hours,and determines the labor law "consultation","production and operation needs" and other elements,and concludes that the elements are too general,the subject of negotiation loopholes,the unilateral meaning of the abnormal heavy employers,and so on,while looking at the reasons for the long-term existence of legislation,analysis of the positive reasons for the existing legislation.Secondly,from an extraterritorial point of view,the author combs the extension of working hours elements in comparative law,and according to the degree of detail of the elements,classifies the international extension of working hours into abstract,concrete and no three categories,in which the extension of working hours conditions in Germany and Chinese Taiwan province is more general;Japan and South Korea set layered elements and benchmarks for extending working hours according to specific industries and specific emergencies;The United States does not require the upper limit of extended working hours and access conditions.The legislative model of Chinese mainland is similar to the abstraction of Germany and Chinese Taiwan,but the extraterritorial expression is more neutral in terms of specific conditions.After expounding the system of extending working hours,the author continues to talk about its connection and connection with the elements of overtime payment.From the second section of this chapter,it can be seen that the extraterritorial extension of working hours is characterized by a unified convergence structure,However,in Chinese mainland,the "employer arrangement" in the elements of overtime pay separates the "negotiation with trade unions and workers" in the elements of extending working hours to a certain extent.The meaning of advance initiation expressed in the arrangement changes the form that both can be initiated in the negotiation,resulting in the breaking of the necessity of extending working hours,Employers abuse their dominant position to achieve "apparent contract freedom".Finally,after clarifying the problems existing in the system level and the reality level of the extension of working hours and overtime payment elements,according to the theoretical research basis of the predecessors,the proposal of the future extension of working hours and related systems from the perspective of the adjustment of the elements,the proof responsibility,the punishment measures,etc.,is expected to be based on legislation to reflect,so that unreasonable and even illegal overtime phenomenon can be effectively controlled and stopped.