The Perfection Of The Legal Regulation Of Overtime Work In Enterprises

The legal regulation of overtime work is one of the most important contents of labor law in the world.The continuous development of legal regulation on overtime is related to the balance of interests between workers and employers,and affects the development of productive forces of enterprises in China.Therefore,the study and improvement of overtime regulation has become an important part of labor legislation in various countries.Every country regards "inclined protection laborer" as the legislative aim about labor law,especially in our country.The regulations on overtime work are embodied in the restrictions on overtime hours of employees,the procedures for overtime work of employers such as enterprises,and the overtime pay that enterprises need to pay employees higher than normal wages.However,due to the imperfection of relevant labor legislation and the absence of supporting relief measures in China’s legislative practice,enterprises and employees frequently have disputes because of overtime work,and a large number of problems and contradictions gradually appear in judicial practice.China must constantly improve the legal regulations on overtime work,so that the due rights and interests of workers can be truly realized,the contradiction between enterprises and employees can be further resolved,the interests of enterprises and employees can be balanced,and social stability can be maintained."Overtime work" is not a pure legal concept,and there is no clear explanation of this term in China’s current labor laws and regulations.Can refer to is,"labor law" neutralize "work overtime" the concept of correspondence is "prolong working time".The Labor Contract Law expresses this as "overtime"."Salary is temporary pay a regulation" in with its relevant concept is with "work overtime" will explain.In this paper,the author uniformly calls it "overtime work",mainly because the extension of working hours actually contains two layers,and overtime work fully expresses these two meanings.What point to specifically is "one of it is overwork,overwork points to laborer to have the job inside the time that belongs to rest day in legal namely.The second is to add a point,a point is to point to laborer in standard working hours to extend the working hours." At present,there are some unreasonableness in China’s labor legislation concerning overtime hours,overtime wages,overtime dispute proof rules and dispute settlement mechanism.For example,the rules of overtime time identification are not unified,the rules of overtime wage base are not clear,the rules of overtime dispute proof are not perfect,and the rules of dispute settlement mechanism are scattered and unreasonable.Due to the existence of the above problems,the existing legal system of overtime work in China cannot effectively solve the problem of overtime work in enterprises.In practice,when the employer does not pay overtime wages after the employees work overtime,the workers cannot obtain effective relief.In the face of market changes,enterprises can not organize employees to work overtime in a timely and effective manner.There are disadvantages for enterprises and employees.Therefore,it is necessary to put forward effective suggestions to improve the legal system of overtime work,to protect workers’ rights and interests of rest and overtime wages,and to grant enterprises the right to work overtime flexibly according to their actual conditions.In order to ensure the balance between labor and capital,promote the rapid and good economic development.Outside the region,whether it is Japan,France,Germany,Chinese Taiwan or the United States of Common law system,the formulation of rules related to overtime work has been quite mature.Especially after Japan experienced the phenomenon of "Death due to fatigue",it attaches great importance to the protection of employees’ right to rest.Its legal regulation on overtime is in line with the requirements of the development of labor relations in contemporary society,and also accords with the concept of social fairness and good governance by law.By comparing the similarities and differences of legal regulations on overtime work in developed countries and regions,and combining with the actual situation of China’s overtime work system,we can better improve the legal regulations on overtime work in China’s enterprises.On this basis,part of the absorption of foreign specific measures suitable for China’s national conditions,put forward a more perfect system construction on overtime.Specific suggestions include the unification of overtime time identification rules,the improvement of overtime wage base,the improvement of overtime dispute proof rules and the reconstruction of dispute settlement mechanism.In this way,we can better protect the rest rights and remuneration rights of employees,stabilize the contradiction between enterprises and employees,and promote the stable and harmonious development of China’s economy.