Research On The Legal System Protection Of Chinese Labor's Right

Labor standards refer to the basic rules to protect the workers. The labor standards regulate theworkers'payments (salaries and incomes,etc.), the working conditions (working time and safety,etc.),the welfare system(rest,medical ceare,education and living benefits etc.)and other civil rights (thefreedom for ganizing,meeting,striking and speech).International Labor standards usually refer to the Pacts and suggestions adopted by the ILO(theinternational Labor organization).Nowadays,the ILO has adopted185Pacts and194suggestionsconcerning the issues on the basic human rights,employment,social Policy,labor management,working conditions,industrial relations,social security,woman's,rights,child labors,immigrantworkers and adult workers,etc.The international labor standards basic idea to Protect soeial justice andto achieve the goal to Protect the labor's,rights has been augmented by the development of theglobalization.With the economic globalization the issue of labour standards in international trade is getting moreand more important and becoming the focus of governments and academia all over theworld.Meanwhile,the issue has also become a tough bifurcation in the new round multilateral tradenegotiation between developed countries and developingcountries.developed countries put forward theso called"social clause"which meant to protect labour rights as a new entry of WTO.In this way,theylink labour standards and international trade together. According to them, countries which don't abide bythe international labour standards shall receive trade sanction. However most of the developingcountries are against this proposal.The issue of labour standards hasn't been incorporated into themultilateral trade system due to the strong opposition of developing countries.Nevertheless,the disputeon the social clause is still going on.In the bilateral trade field the link between labour standards andinternational trade has developed substantially.The entries of labour protection has been brought into the free trade agreement signed between the U.S,the U.S and Chile.Besides,in the non-official level theissue of trade and labour standards exists also in the code of conduct of multinational corporations.It canbe foreseen that the issue of labour standards will beincorporated into the WTO multilateral tradesystem will be an irresistible trend due to the combination of all the complicated international socialfactors.China is a big country of trade and a member of WTO,at the same time,it's also the country ofmost labours and the biggest labour market,so the labour standards is a problem unavoidable. Therefore,research on the issue of labour standards of international trade is of great theoretic and realisticsignificance.The author trying to explain the problem of national labor standards through the research ofInternational Labor Standards.This dissertation abandons the research angle of whether the laborstandards should be linked with international trade,and returns to the research of International LaborStandards itself.It takes the proposition,"the connotation of labor rights,as apart of human rights,is toprotect workers'rights to exist",as the logical beginning and the core thought,and provides newexplanations to the context,characteristics and trends of International Labor Standards.It demonstratesthat International Labor Standards is the international legislation which in the mode of"defending thebase line and preserving the vacancy"and proposes that China should adjust its legislation of laborstandards according to the trends of ILS,such as deregulation,increasing flexibility and expandingcoverage.First analyses and reformation of safeguarding system of equal Employment right of ourcountry.There are many Provisions about equal ernploymnent in the legislation of our country,but theeffect of Prohibiting employment discrimination is not ideal.This is notonly because there are manydefects in the Provisions oflaw of this aspect and thereis no expert organization of Prohibitingemployment discrimination,but also because of these facts:employers will pay little for theiremployment discrimination actions,there is no effective relief ways, employees have a weak rightconsciousness,and the state have attach enough importance to equal employment right.Therefore,weshould learn from advaneed experience of other countries,improve Legislative Provisions about equalemployment right and employmnent discrimination, set up expert organization for prohibitingemployment discrimination and Punish employment discrimination actions more severely.Secondly much more advanced age people is not only the social problem,but also is the economics problem. Thepaper puts outs the gradual mode and the end targets to reform the existing systems.For example:allsocial members enjoy the more layers of social pension plan;under the predominance of thegovernment,taking nation's social basic pension system as the foundation to build up it and so on.Wecan also build up gradually such as business enterprise layer and personal layer social pension system,orcorrect the behavior of the system mechanism and make sure the implementation management andprectect the benefits of the guarantor.In the end of the paper we propose that these plans should becomeone unite so that we could promte the economic development level and the social walfare.Lastcollective bargaining is an important mechanism to modify industrial relations in market-orientedeconomy. It is also the effectively basic and major means for regulating and modifying labor relations inwest countries. Not only does collective bargaining establish the level of employee s wage and benefits,but also serves as an important means of conflict resolution. The basic of bringing the modifying effectof collective bargaining into play is to resolve the problem in implementation of collective bargaining inour country.Collective bargaining is not only a means to ensure the implementation of present laws, butalso an important measure of establishing new rules. The development of collective bargaining systemsdepends on whether we select agreement self-government model or the government play the major rolein it.