数字时代劳动者休息权保护问题研究
Research on Protection of Workers’ Right to Rest in Digital Age

休息权是劳动者谋求发展、维持尊严的基础性权利，关乎劳动者的身心健康、生活品质以及工作效率，但是近年来随着数字技术和平台经济的飞速发展，其催生出的新就业形态对传统的劳动用工模式、办公方式、就业理念以及就业结构产生巨大冲击，同时也使劳动者的休息权保障面临巨大挑战，不利于和谐劳动关系的构建与高质量发展的要求，引起了法学界的关注。本文总结了数字时代劳动者休息权保护的三重困境，分别为：数字时代使劳动者休息权保障面临新问题、休息休假制度的权益保障持续弱化、劳动者休息权法律责任的处罚效力不足；并根据劳动者休息权保护存在的问题从立法角度提出完善建议，以期为劳动者权益保障贡献微薄之力。
The right to rest is the basic right for workers to seek development and maintain their dignity, and it is related to their physical and mental health, quality of life and work efficiency. However, with the rapid development of digital technology and platform economy in recent years, the new employment forms spawned by it have a huge impact on the traditional labor and employment mode, office mode, employment concept and employment structure. At the same time, it also makes the protection of workers’ right to rest face great challenges, which is not conducive to the construction of harmonious labor relations and the requirement of high-quality development, and has aroused the attention of the legal circle. This paper summarizes the three difficulties of the protection of workers’ right to rest in the digital age, which are: the protection of workers’ right to rest is facing new problems in the digital age, the protection of the rights and interests of the rest and vacation is continuously weakened, and the punishment of workers’ right to rest legal liability is insufficient; According to the problems existing in the protection of workers’ right to rest, the author puts forward some suggestions from the angle of legislation in order to contribute to the protection of workers’ rights and interests.