Research On The Legal Protection Of Labor Right

Labor rights are basic human rights, the realization of labor right affects workers’ immediate interests and the whole society’stability and harmony。For the employee personally, legal safeguarding is the necessary requirement to the labors’survival right and development right。human existence is the first axiom, all human rights are based on the existence, the necessary requirement to assure the labors’ existence is work。For most labors, the only means of living is working, to ensure everyone has work, the society must create a good employment environment and good order。To achieve this goal, the law should guarantee the society powerfully。Only under the condition that the law excludes the discrimination, guarantees the equal employment opportunity and equal results, workers can get dignity and decent work. In addition, after meeting the survival requirements, workers want to realize their own value and live a higher quality of life。 The right to rest、security right and occupation training right will play a good role in promoting comprehensive quality。For enterprises, legal guarantee of labor right is helpful to form a solid industrial community and will benefit enterprises’long-term operation。Harmonious labor relations is a necessary prerequisite for the normal operation of the enterprises. If the legitimate rights and interests of workers can not get the respect and protection of the law, the contradiction will be intensified, and intensification of contradictions will lead to the imbalance of labor relations, and the tension will inevitably affect the healthy operation of enterprises。If the enterprises improve laborer’ salary, strengthen humanistic care, improve the employment environment, and strengthen their sense of belonging and security, then workers will work hard and innovate positively to improve the enterprise economic benefits and let the enterprise to become bigger and stronger。For the whole country, legal protection of labor right is the basis of social harmony and stability。 Labor relation is the basic social relation。 Harmonious labor relation is not only related to the people’s livelihood, but also related to the social’stability。Labor is the source of wealth creation, only harmonious labor relation and respect for labor can mobilize workers enthusiasm and creativity, develop social productive forces, and create a solid material foundation for the society。 But if the labor relationship is not harmonious, workers’ labor rights are suffered unlawful infringement, the people’s resentment will cause all kinds of social contradictions and social turbulent。A country is not harmony and stable if it often in contradiction, conflict and instability。 our government attaches great importance to the legal protection of labor right, has promulgated laws and regulations and normative documents, format a system with the constitution as the basis, the labor law as the core, other laws, administrative regulations, departmental rules and regulations, local regulations as auxiliary。 The establishment of China’s labor rights protection system, has played a positive role in safeguarding the basic rights of workers, the coordination of labor relations, building a socialist harmonious society。 But because our country is in the period of economic transition, great changes have taken place in the pattern of interests, coupled with the labor market supply and demand imbalance, China’s labor right has been in a weakened position, labor rights violations have occurred from time to time。 Therefore, strengthening the legal protection of labor right in China is particularly important。Firstly, this paper focuses on the basic theory of Marx labor rights, reproducting the core.internal nature and pursuit of value of Marx’ Legal concept of worker。Combining with the actual society, investigate the relationship between Marx’s labor right theory and China’s labor right pedigree。From the point of view of legal concept, comprehensive、 coordinated、the sustainable development is the core of Marx’Legal concept of worker。 labor is the supreme essence of Marx’ Legal concept of worker, realizing the development right is the pursuit of value of Marx’ Legal concept of worker。From the perspective of relevance, Marx labor theory of value is the basic theory of labor remuneration right; the theory of labor property right is the right source of employees’ participation right;"six net" theory is the theoretical foundation of social security right; workers free leisure time" is the basis of laborer’s decent work ethics; the natural employment right of future society is the highest realm of the labor employment right。Secondly, this paper reconstructs the concept, attribute and content structure of labor right。 from the perspective of history, reviews historical evolution basis, labor right formation and change, and evaluates the historical changesThirdly, this paper investigates the status of the protection of labor rights, from the legislative level, summarizes the content of the protection of labor rights, legislative characteristics and shortcoming。 From a practical level, analyzes the current labor right manifestation and causes, and discusses them from five aspects:Negative analysis of labor right deficiency and imbalance; analysis of "beyond labor law "structure; Analysis of the causes of labor employment inequity; Analysis of the causes of aliened dispatched labor; Analysis of defects and deficiencies of right relief system。 Finally, this paper proposes several suggestions and countermeasures on how to realize legal protection and construct labor rights protection mechanism。 this paper thinks that the protection of labor rights should follow the national initiative and social activity principle。 The suggestions of perfecting the labor rights protection system are from six aspects:establishing the labourer qualification standards, expand the scope of labour protection; Perfect labor rights system, complement and refine the relevant rights; Constructing the labor pricing mechanism, promote rational labor value regression; Perfect anti-discrimination legislation, optimize the employment environment; definition of three post range, regulating the labor dispatch management; Perfecting labor dispute processing mechanism, reduce the labor cost of protection。...