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我国新《劳动合同法》的颁布实施以及劳动者维权意识的提高,对于工作时间引发的关于报酬的纠纷日益增多。尤其在待命期间,劳动者表面上不受雇主实际上的约束,但实际中并不能自由支配自己此段劳动时间,因此关于待命期间是否属于工作时间以及待命时间的报酬问题存在很大争议,由于当今社会劳动的形式多种多样,法律无法对每种行业进行详细列举。本文选取家政工人为研究对象,对于其待命时间进行认定,并对此期间的劳动报酬计算提出解决意见,希望能在未来的立法和实践中提供一些帮助。
The promulgation and implementation of the new “Labor Contract Law” in our country and the improvement of laborers' awareness of safeguarding their rights have increased the disputes over remuneration arising from work hours. In particular, workers are seemingly unobtrusive to the employer during standby, but they are not in a position to freely control their own working time. Therefore, there is much controversy over whether the period of service is part-time and time-to-work. As a result of There are many forms of work in our society today, and the law can not give a detailed list of each industry. This paper selects the domestic workers as the research object, confirms the stand-by time, and proposes the solution to the calculation of labor remuneration during this period, hoping to provide some help in the legislation and practice in the future.