Labor law night shift time regulation

The provision of night shift time in labor law is an important legal provision to ensure that workers get reasonable arrangements and adequate rest in night shift work. It aims to protect the physical and mental health of workers and avoid overwork and potential health risks.

I. Definition and scope of night shift time

According to the Labor Law, night shift usually refers to the working hours from 10 to 6 am the next day. Night shift work often involves specific industries or posts, such as medical care, transportation, security and so on. The nature of these industries determines the need to work at night.

Second, the restriction and arrangement of night shift time.

The labor law has clear restrictions and arrangements on night shift time. First of all, the employer should arrange the night shift working hours reasonably to ensure that the workload of the workers is not too heavy and avoid long-term continuous work. Secondly, the working hours of night shift should be reasonably arranged with the normal working hours, so as to avoid frequent switching between day shift and night shift and reduce the interference to the biological clock of workers.

In addition, the Labor Law also provides compensation measures for night shift. For example, for workers who have been engaged in night work for a long time, the employer should give appropriate wage compensation or adjust working hours to reduce the physical and mental burden caused by night work.

Third, protect the rights and interests of workers.

In night shift work, the protection of workers' rights and interests is particularly important. Laborers have the right to require employers to provide necessary working conditions and safety measures, such as providing appropriate rest places and ensuring a safe working environment at night. At the same time, workers also have the right to refuse to work at night outside the legal working hours, and when necessary, they can complain to the labor inspection department and report the illegal acts of the employer.

To sum up:

The purpose of stipulating night shift time in labor law is to protect the physical and mental health and rights of workers, and to ensure the reasonable arrangement and adequate rest of night shift work. The employing unit shall abide by the law, reasonably arrange the working hours of night shift, and provide necessary working conditions and safety measures. Workers should also understand their rights and obligations and actively safeguard their legitimate rights and interests.

Legal basis:

Labor law of the people's Republic of China

Article 36 provides that:

The state practices a working-hour system in which workers work no more than 8 hours a day and 44 hours a week on average.

Labor law of the people's Republic of China

Article 4 1 stipulates that:

Due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and workers, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.

Measures for the examination and approval of enterprises to implement flexible working hours and comprehensive working hours.

Article 6 provides that:

For employees who implement other working and rest methods such as irregular working hours system and comprehensive working hours system, enterprises shall, in accordance with the relevant provisions in Chapters I and IV of the Labor Law of People's Republic of China (PRC), take appropriate measures such as centralized work, centralized rest, rotation and flexible working hours to ensure employees' rest rights and the completion of production tasks on the basis of ensuring employees' health and fully listening to employees' opinions.