论我国职工带薪年休假法律制度完善

发布时间：2018-04-01 16:41

本文选题：职工　切入点：带薪年休假　出处：《广东财经大学》2017年硕士论文

【摘要】：带薪年休假制度是宪法和法律用以保障人权的重要措施之一,自颁布法条施行至今,虽有成效但是在实践中仍然存在着许多问题。从带薪年休假的目的和意义出发,休假是为了保障劳动者的身心健康,从而建设精神文化。同时,劳动者在休假的时候也会进行相应的经济活动,也对我国经济产生贡献并促进其发展。因此完善并落实带薪年休假制度有着重要的意义。本文主要分为四个部分来论述我国带薪年休假制度的问题。第一部分主要分析我国现阶段的带薪年休假在立法制度现状,在立法制度上主要从三个方面进行论述,分别从带薪年休假的安排方式、对未休年休假的补偿问题和法律责任的相关规定上论述我国的立法现状。第二部分主要对现阶段带薪年休假制度存在的问题进行分析论述。参照第一部分论述的三个方面分别进行详细的讨论,指出了现阶段我国带薪年休假在制度设计中存在的缺陷。第三部分主要参考了域外带薪年休假相关的制度,通过分析法国、德国和日本三个国家的具体带薪年休假制度的规定,从中选择适合中国国情的规定予以借鉴和完善存在的问题。第四部分主要对上述提出的问题进行完善和解决,其中这部分也分为三个方面:其一,对于我国带薪年休假的安排方式上存在的问题,提出设立每工作满一年增加一天的年休假直至25天为止的休假天数的计算模式,由此提高我国带薪年休假的休假天数,并明确规定年休假连休制度;其二,对于我国未休年休假补偿的工资报酬的性质需明确为劳动报酬,适用特别时效,从而能够保障劳动者的权利;其三,对法律责任的完善,则需要通过民事责任和行政责任进行双重保护。在民事责任方面需要对不同事由的不安排年休假的法律责任进行详细的区分;对不安排约定年休假的法律责任需要适用有利于劳动者的原则处理。在行政责任方面,则需要取消责令改正的规定,从而进一步加强监管机关的行政责任。
[Abstract]:The system of paid annual leave is one of the important measures used by the Constitution and law to protect human rights. Since the enactment of the law, although it has been effective, there are still many problems in practice. Vacation is to protect workers' physical and mental health and thus to build a spiritual culture. At the same time, workers will also engage in corresponding economic activities when they are on vacation. It also contributes to our economy and promotes its development. Therefore, it is of great significance to perfect and implement the annual paid leave system. This paper is divided into four parts to discuss the problems of paid annual leave system in China. The first part is the main part. In order to analyze the current situation of the legislative system of annual paid leave in our country, The legislative system is mainly discussed from three aspects, respectively, from the arrangement of annual leave with pay, The present legislative situation of our country is discussed in terms of the compensation of unpaid annual leave and the relevant provisions of legal liability. The second part mainly analyzes the problems existing in the current paid annual leave system. Three aspects are discussed in detail. This paper points out the defects in the system design of annual paid leave in China at present. The third part mainly refers to the system related to annual leave with pay abroad, and analyzes the specific regulations of paid annual leave system in three countries, France, Germany and Japan. The fourth part is mainly to perfect and solve the problems raised above, and this part is also divided into three aspects: first, With regard to the problems existing in the arrangement of annual leave with pay in our country, this paper puts forward a calculation model of the number of days of annual leave with pay up to 25 days per full year of work, so as to increase the number of days of annual leave with pay in our country. And clearly stipulate the system of continuous vacation; second, the nature of compensation for unpaid annual leave in our country should be defined as labor compensation, the application of special statute of limitations, so as to protect the rights of workers; third, the perfection of legal liability, It needs double protection through civil liability and administrative liability. In the aspect of civil liability, it is necessary to make a detailed distinction between the legal liability without annual leave for different reasons; It is necessary to apply the principle in favor of the laborer to deal with the legal liability of not arranging annual leave. In the aspect of administrative liability, it is necessary to cancel the stipulation of ordering correction, so as to further strengthen the administrative responsibility of the supervisory organ.
【学位授予单位】：广东财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.53

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