Research On Labour Rights And Relief System

Nowadays labor rights are playing an essential role in the world and have been animportant criterion to evaluate such aspects in a country as economic development,employment, civilization, assurance of human rights and so forth. As a result, moreand more attention has been paid to it from the international community. Thedeveloped countries in Europe and America have taken a variety of effective measuresto protect labor rights. On the one hand, to protect domestic labor rights with theavoidance of immigrants’ excessive share; on the other hand, to prevent cheap foreignlabors from pouring into domestic markets via a series of policies and regulations,resulting in the rise of laborers’ income in developing countries. The issue ofemployment is an unavoidable topic for campaign speeches in the countries toimplement universal suffrage. Judging from the International Covenants on HumanRights and the cases in foreign legislation, labor rights have become a fundamentalhuman right and have been listed in the national constitution as a fundamental right.Labor rights with diverse characteristics are in nature an integral part in fundamentalhuman rights, which leads not only to a better understanding of the significance oflabor rights, but also to a more scientific construction of labor rights system. From theperspective of content, labor rights encompass both fundamental rights andnon-fundamental rights, and the latter is the solidification and implementation of theformer. By comparison of labor rights home and abroad, the wide gap can been seen inthe system and mechanism of legal protection for labor rights between China and otherwestern countries which should be refined on the basis of comparative reference.Based on the realization of labor rights, it is inherent to comprise rights of freedom andrights of equality while compulsory labor and discrimination in employment arebecoming the obstacles on the road to the realization of labor rights, which is due toboth the existing legal system and social environment, so the obstacles ought to beovercome by perfecting the system and measures of labor protection. As for theprotection of labor rights, the significant constitutional relief to basic labor rights notonly meets the needs for a right to a relief, but also helps provide adequate guaranteefor the realization of labor rights. In addition, the relief of labor rights still needs afurther consolidation for the existing legal resources.China’s rapid development of economy has been speeding up the pace of itsintegration into the international community since the reform and opening-up in the 1980s，in which laborers play an irreplaceable role. In the course of the gradualintegration and on the basis of economic growth, both the level of protection to laborrights and the level of laborers’ income are on the rise in China. Besides, the legalsystem of labor rights protection has initially taken shape and a special laborinspection department has been set up. However， compared with internationalconventions and legislations in foreign countries, deficiencies in legal protection oflabor rights still exist in China such as the phenomenon of overtime labor and theunsettled problem of employment discrimination and so on, which should be solved onthe basis of comparative reference.The main points of the dissertation are as follows. Labor rights should not beconfined to the declaration of rights, otherwise the rights would be void in the light ofthe viewpoint that where there is a right, there is a relief and that no reliefs, no rights.Therefore, legal guarantees should be provided for the realization of labor rights viathe relief system and mechanism.The innovativeness of the dissertation is embodied in the following six aspects.Firstly, a complete pedigree of labor rights has been in form with the analysis andinterpretation of labor rights.Secondly, the value of labor rights has been revealed in international human rightslaw.Thirdly, the idea has been pointed out that a system guarantee and a good socialatmosphere are needed by labor rightsFourthly, the fundamental status and developing characteristics of labor rightshave been justified, together with the opinion that labor rights are not isolated.Fifthly, the status of collective bargaining rights and striking rights has beenanalyzed and affirmed, which contributes to the promotion of equality between laborand capital.At last, a more comprehensive relief mechanism has been established for a goodprotection of labor rights.The dissertation consists of seven chapters.The first chapter acts as an introduction composed of such four parts as topicgrounding and research value, the analysis of the theoretical research on labor rights inChina, research purpose and content as well as research approach and method.The second chapter is about the ontology of labor rights composed of such fiveparts as a new interpretation of its concept, the analysis of its nature, the analysis of itsplural unity, its subjects of rights and of duties and systematic research of labor rights.It is the basis of a further study of labor rights and embodies author’s acknowledge ofbasic labor rights problems. The third chapter is about the interpretation and orientation of labor rights in viewof international human rights composed of such four parts as the trace of its origin, itsposition in international human rights law, its sources in international law and thecomparison of labor rights in international human rights law. The study of labor rightsagainst a background of the international community contributes to the avoidance ofthe limitations in horizon and the achievement of the history and future development oflabor rights on a macro-scale. A macro-acknowledge of the efforts and achievementsmade by the international community for the protection of labor rights contributes to abetter awareness of the gap in the legal protection for labor rights between China andthe international community so as to lift the level of protection for labor rights inChina.The fourth chapter is about the security to rights of labor equality and itsanti-discrimination composed of such five parts as the connotation of rights of laborequality and of non-discrimination, the manifestation of employment discrimination,the classification of employment discrimination, the legal guarantee to rights of laborequality and of non-discrimination as well as the realization of rights of labor equality.Rights of labor equality and of non-discrimination are main components in theprotection of labor rights. Rights of labor equality provide a general protection forlabor rights, such as equal pay for equal work, gender equality and racial equality.Labors should not suffer different treatment due to the difference in gender, ethnicity,race and religious belief. Rights of non-discrimination are to provide employmentprotection for special groups such as women, juveniles, minorities, patients of somediseases. The purpose is to offer according protection for labor rights of special groupsand to promote the realization of rights of labor equality on a micro-scale.The fifth chapter is about the construction and function of collective labor rightscomposed of such four parts as rights of democratic management, solidarity rights,collective bargaining rights and rights to strike. These collective labor rights, anapproach to the protection for labors’ rights and interests with the collective efforts,have been generally accepted by the international community and have been embodiedin the constitution of many countries as well as international treaties, agreements anddeclarations. What’s more, it can better reflect the wishes of employers and employeesas well as lower the cost of participation into legal rights maintenance.The sixth chapter is about the brief interpretation and improvement of labor rightswith the perspective of international labor standards composed of such five parts as themain points of the international labor standards, its characteristics, those authorized inChina and its domestic practice, the comparison of labor standards between China andthe world as well as the link between labor standards and labors’ interests. International Labor Standards have been characterized as extensive participation and acceptability,which will make a positive impact on the promotion of protection for labor rights.Comparative analyses help foster the awareness of distances, the use of experience forreference and the promotion of protection for labor rights in China.The last chapter is about the category analysis of labor rights damages composedof such three parts as defects and reliefs of labor rights, its traditional legal remedies,the conception to perfect the relief system of labor rights. Category analysis wouldenhance the pertinence of the protection for labor rights and help the construction of ascientific, standardized and comprehensive relief system of labor rights.