我国特殊工时制度存在的问题及完善对策

System of Special Working Hours in China:Problems and Solutions

我国现行特殊工时制度,即综合计算工时工作制和不定时工作制,存在规定笼统、标准不一,监管缺位、制约不足,职工利益难以保障,刚性过强等弊端。文章通过对该制度现实状况和法律属性的分析,借鉴部分国家、地区的相关制度,提出以突出劳资协商和保护劳动者权益为重点、弱化行政管制、对特殊工时制加以改革的完善建议。

The system of special working hours currently adopted in China, involving that of overall working hours and of flexible working hours, is with such problems as ambiguous rules, inconsistent standards, lack of supervision and sanction, difficulties in protecting employees＇ interests, and excessive rigidity. This paper, building on an analysis of the status quo and legal essence of the system as well as referring to similar systems adopted in other countries and regions, suggests that the reform of the system be centered by giving priority to employee-employer contracts and protection of laborers＇ interests, and that the administrative control be decreased.