Identification Of "Working Hours" In Telework

New information and communication technologies have completely changed daily work and life in the 21st century.By enabling people to stay in touch with friends,family,colleagues,and employers at any time,telework has become an increasingly normalized form of work.But it also leads to work encroaching on personal living space and time.How to correctly calculate working hours in telework has already become a major issue that needs to be addressed in labor law,involving not only the calculation of wages and overtime pay,but also the identification of work-related injuries and the balance between work and family life.The main reason why working hours in telework are not easy to identify is that the identity and attributes of teleworkers are unknown,and the existing working hours system and working hours identification rules are not well applicable.This further leads to a series of issues such as difficulty in identifying industrial injuries and determining overtime pay.Through comparative law research,it can be found that governments or labor departments in many countries have established the equal legal status of teleworkers and ordinary workers through clear laws or policies.At the same time,many large enterprises also play a significant role in time management in telework.For their own interests,they often develop a relatively reasonable time identification model based on their actual situation,implement task-based management,and ensure the accurate completion of tasks.Stones from other mountains can be used to attack jade.In view of the difficulties in identifying working hours in telework in China,this article,based on reference to foreign experience,combined with existing legal provisions and actual situations in China,proposes several countermeasures to solve the dilemma:first,clarify the legal attributes of remote workers within the scope of labor law;Secondly,make flexible adjustments to working hours based on the basic working hour system;Regarding overtime work,a combination of worker application and employer approval can be adopted;Based on the legislative concept of inclined protection,appropriate extension of working time in the determination of industrial injury is made;At the same time,confirm the scope of application of standby time in remote work,and suggest introducing the offline right to supplement the relevant provisions of remote work,so as to achieve the protection of the rights and interests of remote work workers in various aspects.