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On Priority Right Of Labor Remuneration

Posted on:2012-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:L WuFull Text:PDF
GTID:2166330335957655Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The payment of the remunerations has become a serious problem in China. Not only the employees involved in the insolvency proceedings cannot gain all the remuneration, but also the employers do not pay off the wages in time. As its special characteristic, the debt of the wages of the employees is a vulnerable claim. In order to achieve the equality of the employers and the employees, the private law should offer more remedies to the employees. In this term, the civil law of China has a long distance to the perfect.The priority right of labor remuneration, whose function is guaranteeing the remunerations of the employees, is fixed on the properties of the employers by the provisions directly. In France, Italy and Japanese, this system has provided special protection for the employees. Personally, this right should be lead into the civil law of China in order to protect the wages of the employees. As a kind of priority rights, the priority right of labor remuneration has a long history and represents the social polity about the protection of employees. The equality is a fundamental principle in recent private law, and contemporary civil law pays more attention to the substantial equality between the two parties. The existence of priority right of labor remuneration is a direct consequence of this idea.In the preface of the paper, the writer has defined the conception"remuneration". Referring to the research of the ILO, this conception has been used permanently in the paper.Besides the preface and the conclusion, the paper is divided into four parts:The first chapter indicates the problems in the field of the remuneration and the defects in China private law. Firstly, the writer collects numerous statistics about the payment of the remuneration in China and finds that there are many problems. Obviously, the defects of the private law has become the obstacle of the payment of the wages.The second chapter illustrates various theories about the special preservation of the debt of the employees and the provisions of the civil laws in other countries. The legislations of European countries would provide some useful precedents to China law.The third chapter is about the system foundation of the priority right of labor remuneration. The prerequisites of the priority right of labor remuneration are the system of the priority rights and the system of the real rights for security. In order to enroll the priority right of the remunerations,The forth chapter shows the structure of the priority right of labor remuneration. The priority can be divided into two kinds: the general priority and the specific priority. As a priority right and a real right for security, the priority of the remunerations has its features assuredly. Specifically, some restrictions on its performance should be required to reduce the adverse influence on the business credit of the employers...
Keywords/Search Tags:remuneration, payment, special preservation, priority right, real rights for security
PDF Full Text Request
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