我国休假法律制度研究
发布时间：2018-07-31 14:19
【摘要】： 休假权是休息权的重要内容,在劳动权体系中对其他权益起着保障作用,并且休假权内容的丰富和发展能使劳动者更为直接地享受到社会文明进步的成果。这是因为,有了充足的休息,就能为继续工作做好体力和精神的准备,有了合理的休假,就能为劳动者提供充足的时间学习进步、交友往来、联系亲友、放松心情、欢庆节日,在这个过程中,有助于使劳动者体味到生活的乐趣、身心的愉悦和社会进步的成果,进而有利于人们生活质量的提高和社会的稳定发展,由此可见,休假制度的设计和运行承载了多方面的现实意义。然而,现行的休假制度并未有效的发挥作用,究其原因,存在法律法规设计的制度不完善,已有规定多显立法粗糙并与现实需求脱节,在运行时劳资双方的意识不强,有关部门执法手段单一,制裁措施缺乏约束力等问题,故而,分析存在问题并提出解决方案成为研究休假权的时代课题。本文在分析休假制度的理论基础和现实需要的基础上,重点剖析了现行休假制度的制定和运行情况,同时介绍了国外相关先进立法的情况,进而指出现存问题,并且针对各项问题的解决方法提出了几点建议,以期对进一步研究休假制度提供一些可供参考的资料。
[Abstract]:The right to leave is an important part of the right to rest, which plays an important role in protecting other rights and interests in the system of labor rights, and the enrichment and development of the content of the right to leave can make workers more directly enjoy the fruits of the progress of social civilization. This is because, with adequate rest, we can prepare ourselves physically and mentally for continuing our work, have a reasonable vacation, and provide sufficient time for workers to study and progress, make friends and exchanges, contact relatives and friends, relax their mood, and celebrate the festival. In this process, it is helpful to make the laborer appreciate the pleasure of life, the pleasure of body and mind and the fruits of social progress, and thus contribute to the improvement of people's quality of life and the steady development of society. The design and operation of the leave system carry many practical significance. However, the current vacation system does not play an effective role. The reason is that the system of laws and regulations is not perfect, the legislation has been more rough and out of touch with the actual needs, and the consciousness of both employers and employees is not strong in operation. Because the law enforcement measures of relevant departments are single and the sanction measures lack of binding force, analyzing the existing problems and putting forward solutions have become the times subject of studying the right to leave. Based on the analysis of the theoretical basis and practical needs of the leave system, this paper focuses on the establishment and operation of the current leave system, introduces the relevant advanced legislation in foreign countries, and then points out the existing problems. Some suggestions are put forward to solve the problems in order to provide some references for further study on the vacation system.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.5
本文编号：2155855
[Abstract]:The right to leave is an important part of the right to rest, which plays an important role in protecting other rights and interests in the system of labor rights, and the enrichment and development of the content of the right to leave can make workers more directly enjoy the fruits of the progress of social civilization. This is because, with adequate rest, we can prepare ourselves physically and mentally for continuing our work, have a reasonable vacation, and provide sufficient time for workers to study and progress, make friends and exchanges, contact relatives and friends, relax their mood, and celebrate the festival. In this process, it is helpful to make the laborer appreciate the pleasure of life, the pleasure of body and mind and the fruits of social progress, and thus contribute to the improvement of people's quality of life and the steady development of society. The design and operation of the leave system carry many practical significance. However, the current vacation system does not play an effective role. The reason is that the system of laws and regulations is not perfect, the legislation has been more rough and out of touch with the actual needs, and the consciousness of both employers and employees is not strong in operation. Because the law enforcement measures of relevant departments are single and the sanction measures lack of binding force, analyzing the existing problems and putting forward solutions have become the times subject of studying the right to leave. Based on the analysis of the theoretical basis and practical needs of the leave system, this paper focuses on the establishment and operation of the current leave system, introduces the relevant advanced legislation in foreign countries, and then points out the existing problems. Some suggestions are put forward to solve the problems in order to provide some references for further study on the vacation system.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.5
【引证文献】
相关硕士学位论文 前2条
1 郭大平;劳动者休息权法律保障制度研究[D];西南财经大学;2010年
2 黄平;带薪年休假制度及实施现状研究[D];华东政法大学;2012年
，本文编号：2155855
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