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近几年来,劳动保障监察执法曾多次遇到尴尬,这当中既有劳动法规过于原则缺乏具体操作性的问题,也有劳动法规一些具体条款规定互相矛盾难以执行的问题。最近,劳动保障监察执法人员在查处一用人单位违反延长工作时间规定时再次遇到尴尬: 首先遇到的是对周休日、工作日的认定。按照国务院关于工作时间的规定,劳动者每周工作40小时,每周是两天周休日。据此,该用人单位在3月份至少应当安排劳动者9天休息,然而该用人单位在3月份有29人未休息一天,就
In recent years, labor protection supervision and law enforcement have repeatedly encountered embarrassment. Among these problems, both the labor laws and the excessive principles lack specific operational issues and some specific provisions of the labor laws are contradictory and difficult to implement. Recently, labor and social security inspectors and law enforcement officers once again found themselves embarrassed when investigating and handling an employer’s violation of the stipulations on extending working hours: the first thing they encountered was the determination of weekly rest days and working days. According to the regulations of the State Council on working hours, laborers work 40 hours a week and weekly two days a week. Accordingly, the employer should arrange a minimum of 9 days’ rest for workers in March. However, the employer did not take a day off in 29 in March