关键词: 劳动者, 劳动者休息权, 法定休息权, 基本人权, 《劳动法》

Abstract:

A jurisprudence research about the system of workers’right to rest is of significance for both domestic law and
international human rights law. In the West，the system of workers’right to rest has experienced the development process of
introduction，constitutionalization before getting into the international legal field. After the founding of new China，Article
92 of the Constitution in 1954 established the system of workers’right to rest. Thereafter，Labor Law and the other related
legal regulations have made specific provisions on workers’right to rest. Internationally，China has ratified the International
Covenant on Civil and Political Right and other relevant international treaties. Ensuring the right of worker to rest system is to
respect human nature in the pursuit of freedom，to ensure workers’equality in relation to employers，and to respect and protect
the dignity of the workers’demands for decent work. The right of workers to rest is a basic human right，which is personal and
autonomous，and is characteristic of single direction in time. The system of workers’right to rest should focus on protecting
workers’freedom，equality，and dignity and the concept of rule of law on the basis of enterprise affordability

Key words: worker, worker right to rest, statutory right to rest, basic human rights, Labour Law