International Standards Of Labor Rights' Protection And The Developing Trends

Recently, the debate of whether China's labor standards are too high or too low is extremely intense. This makes the author trying to explain the problem of national labor standards through the research of International Labor Standards (ILS). This dissertation thoroughly abandons the research angle of whether the labor standards should be linked with international trade, and returns to the research of ILS itself. It adopts different kinds of research methods, such as historical analysis, comparative analysis and case study. It takes the proposition,"the connotation of labor rights, as a part of human rights, is to protect workers'rights to exist", as the logical beginning and the core thought, and provides new explanations to the context, characteristics and trends of ILS. It demonstrates that ILS is the international legislation which in the mode of"defending the base line and preserving the vacancy"and proposes that China should adjust its legislation of labor standards according to the trends of ILS, such as deregulation, increasing flexibility and expanding coverage.The full text of this dissertation divides into three parts, including introduction, body and conclusion. The body part is composed of four chapters. The whole dissertation consists of around 120,000 words.The introduction part introduces the background and the significance of the research. By summarizing the existing research, the author proposes that this research should get rid of the angle of"social clause"and pay attention to the content, characteristics and the trends of ILS.The first chapter discusses the labor rights'protection in the angle of international human rights law. Firstly, starting from the concept of labor rights, the author analyses that universal labor rights are worker's complete rights, while the labor rights as a part of human rights are workers'minimum rights. The connotation of labor rights as a part of human rights is to protect workers'right to exist. Country should limit its intervention into the labor relations at the lowest level, so that the goal of protecting the workers'rights to exist without hindering the autonomy of labor relations can be achieved. At present, an international human rights law system for labor rights'protection has already formed in the international community. This system composes of international and regional human rights instruments, as well as ILS made by the International Labor Organization (ILO).The second chapter mainly elaborates the content and characteristics of ILS. Firstly, the author introduces the origin and development status of ILS, as well as the classification methodology. Secondly, the author reviews the development of ILS in each historical stage. Then, this chapter analyses the characteristics of ILS with emphasis, namely the principle of tripartism in the standards setting, the combination of hard law and soft law in nature and the universality and flexibility in content. These characteristics demonstrate the way, in which ILO provides minimum protection for labor rights as a part of human rights.The third chapter analyses the tendency of ILS. Presently, the setting of new ILS has already been slowed down. The concern of ILO switches to the renewal and implementation of existing standards. The promotion campaign for Core Labor Standards by ILO has made them in the tendency of strengthening, while a volume of economic standards show the new trends, such as deregulation, increasing flexibility and expanding coverage. Additionally, the author takes the deregulation of labor dispatchment as an example to prove the above trends of ILS.The fourth chapter utilizes the theory of ILS to explain the debate of China's labor standards. First, this chapter discusses the domestic implementation of ILS, and analyses the impact of ILS, which China has ratified, on Chinese domestic labor legislation. Second, according to the debate of China's labor standards, the author believes that its theoretical origin lies in the different opinions on the nature of labor relations and the mode of regulation. Through complete analysis combining with the theory of international standards of labor rights'protection, the author holds the compatible viewpoint to understand the nature of labor relations, and supports the regulation mode of"defending the base line and preserving the vacancy". Third, by comparing China's labor standards with relevant ILS, the author figures out that China's labor standards are too high to implement with a narrow coverage. Finally, the author suggests that China should adjust its labor standards in accordance with the tendency of ILS, including deregulation, increasing flexibility and expanding coverage.In conclusion,the author presents a very concentrated and compact summary of the dissertation.