Study On The Right Of Wages

As a major source of income, wage is the material base for laborers tosupport themselves as well as their family members. To a certain extent, it alsoprovides the foundation for social stability. Corresponding to one's work duty,the right of wages virtually indicates the rights laborers enjoy to gainremuneration from employing units for their labor or services and to freely useit according to the labor contract. With the enhancement of protectionconsciousness for human rights, the right of wages, a basic human right,deserves much more attention and further penetrating study. Whether the rightof wages could be realized or not is of great significance not only to the livingstandards of laborers, but also to the economic returns of the enterprises.Moreover, it also exerts great influence on the stability and development ofthe society. The thesis will further explore the right of wages from thefollowing three aspects, i.e. the definition, the contents, and the legal securitysystem.First chapter, the definition of the right of wages. The first section of thischapter will mainly focus on the definition of the right of wages, indicatingthat the rights of wages, corresponding to one's work duty virtually refers tothe rights laborers enjoy to gain remuneration from employing for their laboror services and to freely use it according to labor contract. The second sectionwill mainly focus on the characteristics of the right of wages, points out theright of wages have the nature of protecting living of labors, and can not becarried away, and need to be specially protected by Labor Law. The thirdsection points out the properties of the right of wages. It advances the viewsthat the right of wages is human rights, labor rights, rights of survival as wellas rights of development. According to the theoretical basis from whichhuman rights derive and the contents of human rights, the right of wages is abasic human right guaranteed by Labor Law. In the meanwhile, the right ofwages is also a basic work right for laborers. It provides laborers with thedisposable economic support to survive and develop. In this sense, the right ofwages is both the right of existence and the right of development for laborers.Second chapter, the analysis on the contents of the right of wages. Thispart will mainly concentrate on the following three respects. That is, thenegotiation rights for wage standards, payment requesting rights anddecision-making rights for wages use. In terms of the negotiation rights forwage standards, the thesis discusses the specific condition brought about bymarket economy, i.e., corresponding to the decision-making power of wageallocation that enterprises possess, laborers also enjoy the negotiation rightsfor wage standards. In this section, the thesis also highlights the collectiveconsultation system in china. It points out that the negotiation rights for wagestandards of Chinese laborers are experiencing various restrictions. To alterthis situation, much effort should be made to further perfect the marketeconomy mechanism, to give full play to labor unions, to enhance laborers'self-consciousness of rights and to promote the initiative and enthusiasm ofsafeguarding rights. As for the payment requesting rights, the second sectionexplores the priority that the payment requesting rights enjoy as a specialcreditor's rights in effect. To guarantee the legal effect of payment requestingrights, countries throughout the world all make the regulations that paymentrequesting rights enjoy the priority to receive recompenses. Moreover, the lawalso strictly limits the transfer of payment requesting rights, practicing the"adjudication following verdict " system in the dispute solving procedure.Concerning the decision-making rights for wages use, this section expoundsthat countries from all over the world all stipulated that any means to interferelaborers to freely use the wages, or embezzle the wages will be strictlyforbidden to safeguard the right of wages of laborers. The negotiation rightsfor wage standards, the payment requesting rights and the decision-makingrights for wages use virtually reflect the right of wages laborers enjoy indifferent phases. The negotiation rights for wages standard enable the laborersto negotiate with the organizations about the value of labor force. Thepayment requesting rights authorize the laborers to request payments from theemploying units for labor and services they provide. And the decision-makingrights for wages use guarantee the laborers to freely use their wages withoutany interference either from individual or units. Exactly manifested the rightof wages laborers should enjoy in different stages, these three rights ensuresthe smooth realization of the right of wages from different aspects.The third chapter is about the legal security system for the right of wages.It mainly focuses on the following three aspects: the minimum wageguarantee system, the wages payment security system, and the legal relief ofwages dispute. The first section briefly introduces the origin as well as thedevelopment of the minimum wage guarantee system. In addition, the thesisalso investigate into several aspects concerning the minimum wage guaranteesystem of China, like the composition of the minimum wage, the scope ofapplication, legal effect, factors influencing the standard and adjustment ofminimum wage, as well as the significance of the minimum wage guaranteesystem in China. Regarding the wages payment security system, the secondsection further explores the following problems: the regulations for payments,the forbidden provisions on illegal arrears and defaults of laborers'wages, andthe wages payment security system under special situation. As for the legalrelief of wages dispute, the third section of this chapter not only attempts to...