The Research On Legal Personality Of The Laborer

The legal personality of the laborer is the logical starting point in labor law, but also the value of the origin.The ethical values inherent in legal personality of the laborer is the purpose of labor law system construction and implementation. For a long time ,the research on laborer in the field of labor law focuses on its practical characteristics,Instrumentalism gradually destroyed formalism of human reson ration, Which led to difficult distinguishment between legal analysis and policy analysis, uncleat refection of the ethical values of labor law and gradual weakness of the authority of law,and led to the materialization of laborer personality as consequences of reality ."The twelve consecutive jumping events"in Foxconn is a true miniature.The employer or the wage worker after the rise of modern industrial civilization is the earliest manifestation of the laborer on labor law. The laborer is the manifestation selected by free will in"objectivity stage"."the laborer"is the prescription of free will.and the laborer's"limited free will"steps up to"the single free will"through ethical spirit, and achieves true freedom, this ethical spirit is the laobor ethics. The laborer realizes his essence of hunman through labor ehics,and gets real freedom.Only the laborer that exists in the labor ethics is free and real.and abandons its limits and prescriptions. I think that the labor in labor law has not only economic significance, but more significance of ethical values.Labor can not be simply understood as the use of labor or consumption, Labor is the form of man's existence and implementation. Labour reveals Whether freedom and what extent to the freedom of hunman. Labor is closely connected with the personality value and freedom of value. The separation between the labor personality and the labor force is only logical,but not real. The idea of the labor force is easily lead to the "materialized"laborer.The object of labor legal relations is not labor force, but Payment of labor that contains a laborer's ethics .Labour legal relations is not only the exchange of the property, but also credit relationship of personality beteen the labot and the employer."decent work"is the positive content of the labor ethics,which is the guiding principle of labor relations.Because of the unity of labor ehics and the personality of laborer in natural law,the principle of"decent work"is unified with the legal personality in postive law. The value of the laborer is the purpose of labor law. The definition of legal personality of the laborer should be more on the value judgments, rather than relying on deducing by legal technology.The standard of definiton of laborer,which taking the value of laborer personality as the purpose,should be flexible by means of the direct model.When we judge whether a man is the laborer in labor law,we should determine whether the man should be considered"the legal personality of laborer"and should be protected in accordance with the purpose of labor law, On this basis,we establish the specific criteria for judging the legal personality of laborer.The criterion of identification is composed of"the natural property"that including age, health and intelligence,and"the lawful property"that including the"personalitical subordination"that is the general criterion of laborer, and"economic subordination"that is the criterion of irregular laborer.According to the ethical principles of decent work, the paper proposes the concept of"the right to the dignity of labor",which is the right form of the value of laborer personality, both positive and negative. From the right content,"the right to the dignity of labor", as a special kind of personality right, is absolute but also relative. moreover,"the right to the dignity of labor"includs"the right to employment","the right to protection"and"the right to development,"that deriving a series of child rights. Employer's obligation is not only from the labor contract, but also from the labor ethic,so the employer's obligation to protect the laborer is not the accompanying obligation of labor contract.In the designation of rules, the princple of"decent work"should be seen as the fundamental principles of labor law or guidelines.We should identify the spcific rights of the laborer, such as"the right to professional respct","the right to workplace privacy","the right against workplace sexual harassment", etc.By means of adding professional psychological health standards in labor standards act, reconstructing the contents of labor security supervision, reviewing the labor regulations both procedural and substantive,reversing burden of proof etc.we should establish a comprehensive protection mechanism for protecting personality interest of the laborer.