The State Council released the 2013 holidays recently attracted wide attention. Yesterday, lawyer Han Fuzheng said, some vacation days off in a week for workers to work 7 days in a row, the law, and the labor law and other regulations conflict has been formed, and people's work, life habit of not coordinate. Yesterday, he wrote to the general office of the State Council, proposed to be modified.
����7 days a week and even suspected of illegal
Han Fuzheng said, according to the "notice" Office of the State Council on 2013 part of the holiday arrangements, in 2013 many workers will face 1 work 8 days in a row, 3 special cases for 7 consecutive days.
Han Fuzheng points out, China's labor law the thirty-eighth stipulation, "the employer shall ensure that workers have at least one day off in a week". "Article third" the State Council regulations on working hours, "the daily work of the staff and workers 8 hours, 40 hours a week".
He thinks, according to above specific provisions, only work 5 days a week general laborers, specific circumstances to the employer must also ensure that workers at least once a week, 24 hours of uninterrupted rest.
"In accordance with the 'notice' arrangement, new year's day work 8 days in a row, the Spring Festival holiday work 7 days in a row. The 8 and 7 day is over two weeks, not continuous within a week, the two legal holiday arrangement of broad sense and narrow sense, so we believe that regardless of the whether illegal. However, before labor day's work 7 days in a row, the Dragon Boat Festival before the work 7 days in a row, all happened on Monday to Sunday in a week." Han Fuzheng said.
He thinks that, within a week to 7 days of continuous work, this is obviously the employing units to alleged violations of labor law situation, workers are therefore deprived of at least one day off a week off right.
����Proposal has been shipped to the general office of the State Council
Han Fuzheng pointed out that, although the labor law, labor hours can be extended, but it must be the legal situation of the provisions of the labor law and other laws, and regulations. "According to the" administrative regulations to establish procedures regulations "provisions, the general office of the State Council 'notice' does not belong to the category of administrative regulations, naturally can not set the legal situation to extend working hours of labourers."
"Although the holidays can not make everyone satisfied, but first can be illegal." Han Fuzheng thinks, from the respect public opinion perspective, for the holidays, the relevant departments can actually take similar hearings, extensively solicit opinions. Based on this, he wrote to the general office of the State Council as a private citizen, 'problems on vacation days off to date to modify existing notice', "I put the proposal to express to the general office of the State Council yesterday, hope to receive each other back."
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