Font Size: a A A

Research On Attributes Of Strike

Posted on:2016-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:F Y DengFull Text:PDF
GTID:2297330479988175Subject:Labor and Social Security Law
Abstract/Summary:PDF Full Text Request
With the deepening of Chinese reforming and opening up, labor conflicts and strike have increased dramatically in recent years.Strike has also become a hot topic.However, on the issue of the strike, there is a mindset that most scholars think the right to strike should be in legislation or Constitution.They all ignore the location of strike itself.Strike is a means for employees to get the benefit.It breaks economic development and social order.It is devastating. Employees collective withdrawal jobs, causing companies to cease, will directly lead to a decline of employers and socio-economic benefits. Once the strike out of control, its destructive power is often staggering. Not only endanger the safety-related industries, but also on the entire national economy caused by a heavy blow. Public service strike would seriously affect people’s work and life, leading to social disorder.Even for employees who participate in the strike, there are some negative effects. Once the strike failed, they will face unemployment and penalty. Devastating strike should not be underestimated. If there is a better alternative mechanism, this means you can not use a strike is the best course. However, according to the strike development of the Western countries, strike still has objectivity and rationality. Legislation is not so critical that strike into the constitution or into general legal regulation.The key is to deal with the relationship among destruction,objectivity and rationality. Not only ensure the employees’ right to strike, but also to minimize the loss of the strike, which is the proper meaning of the right to strike.In the country that has mature labor relations,the right of strike relatively receive appropriate protection and reasonable limitation. In order to avoid destruction of strike, its protection of strike must be cautious and modest. Properly handle the the relationship among devastation, objectivity and rationality of strike. Handle the relationship between restrictions and protection of strike.Article is divided into five parts. The first part is about scholars’ viewpoint. They think strike must be into legislation or the Constitution. However, the strike is destructive.We can’t ignore its destructive.The second part is from three triple perspectives talk about destruction, objectivity and rationality of strike. The third part is to limit the destructive strike, from the destination, subject, procedures and forms four restriction introduced in the definition of the purpose of limiting the talk about economic and political strike strike, the strike has nothing to do with the interests and rights disputes related controversy.The fourth part is to recognize the objectivity of the strike, the major international conventions relating to introduce legislation to strike, strike provisions of the development and history of other countries, as well as exemption from the provisions of the strike, because the strike objectivity, should be exempt. Western countries to strike a clear understanding of the process is gradual, from initially recognizing its destructive prohibition and repression, to recognize the objectivity, limited ban, to a reasonable understanding of the strike, to give protection, while doing more limiting aspect. The fifth part is to guide the reasonableness of the strike. Focuses on the two unions and the government level, the union should be more involved in the strike, the government should be more guidance on strike, recognize their own role to play their respective roles well. With the deepening of Chinese reforming and opening up, labor conflicts and strike have increased dramatically in recent years.Strike has also become a hot topic.However, on the issue of the strike, there is a mindset that most scholars think the right to strike should be in legislation or Constitution.They all ignore the location of strike itself.Strike is a means for employees to get the benefit.It breaks economic development and social order.It is devastating. Employees collective withdrawal jobs, causing companies to cease, will directly lead to a decline of employers and socio-economic benefits. Once the strike out of control, its destructive power is often staggering. Not only endanger the safety-related industries, but also on the entire national economy caused by a heavy blow. Public service strike would seriously affect people’s work and life, leading to social disorder.Even for employees who participate in the strike, there are some negative effects. Once the strike failed, they will face unemployment and penalty. Devastating strike should not be underestimated. If there is a better alternative mechanism, this means you can not use a strike is the best course. However, according to the strike development of the Western countries, strike still has objectivity and rationality. Legislation is not so critical that strike into the constitution or into general legal regulation.The key is to deal with the relationship among destruction,objectivity and rationality. Not only ensure the employees’ right to strike, but also to minimize the loss of the strike, which is the proper meaning of the right to strike.In the country that has mature labor relations,the right of strike relatively receive appropriate protection and reasonable limitation. In order to avoid destruction of strike, its protection of strike must be cautious and modest. Properly handle the the relationship among devastation, objectivity and rationality of strike. Handle the relationship between restrictions and protection of strike.Article is divided into five parts. The first part is about scholars’ viewpoint. They think strike must be into legislation or the Constitution. However, the strike is destructive.We can’t ignore its destructive.The second part is from three triple perspectives talk about destruction, objectivity and rationality of strike. The third part is to limit the destructive strike, from the destination, subject, procedures and forms four restriction introduced in the definition of the purpose of limiting the talk about economic and political strike strike, the strike has nothing to do with the interests and rights disputes related controversy.The fourth part is to recognize the objectivity of the strike, the major international conventions relating to introduce legislation to strike, strike provisions of the development and history of other countries, as well as exemption from the provisions of the strike, because the strike objectivity, should be exempt. Western countries to strike a clear understanding of the process is gradual, from initially recognizing its destructive prohibition and repression, to recognize the objectivity, limited ban, to a reasonable understanding of the strike, to give protection, while doing more limiting aspect. The fifth part is to guide the reasonableness of the strike. Focuses on the two unions and the government level, the union should be more involved in the strike, the government should be more guidance on strike, recognize their own role to play their respective roles well.
Keywords/Search Tags:strike, destructive, objectivity, rationality
PDF Full Text Request
Related items