Core Labour Standards And Improvement Of Chinese Labour Law

The concept of the Core Labour Standards appears in a report of OECD at first,and it was brought forward relative to the concrete labour standards in the International Labor Treaty,such as wage,hour,labour protection and etc. Afterwards,it was accepted by the countries all over the world. Core Labour Standards include : the freedom of association and rights of collective negotiation, employment equality right,the right of being free of forced labor,and protection of child labor.At first this thesis discuss the content of the Core Labour Standards and the conflict of labor standards and the inspiration for our country. The conflict of labor standards refer to the different viewpoint of the Core Labour Standards if should be imported into international trade between the developing country and the developed country.Afterwards,this thesis discuss the difference between our labour law and the Core Labour Standards and how to improve our labour law. The first part of the thesis discuss the content and validity dispute of the Core Labour Standards.In this part,the thesis summarily introduce the eight pieces of International Labor Treaty and the basic principle with the beginning of the content of Core Labour Standards. Subsequently,the thesis discuss the central problem disputed by WTO——if labour standards shoud be imported into international trade and crack down on the country which does not comply with the Core Labour Standards,viz. the conflict of labor standards.This argument made the developing country and the developed country into two group: the developed country consider that cracking down on the country which does not comply with the Core Labour Standards will be benefit to improve the living and work status of these countries'worker and will be benefit to form the fair trade environment in the world.The theories which supports their viewpoint include: humanitarianism theory, scocial dumping theory,poor imported theory and etc.The developing countries think that labour standards and international trade do not have necessary contact and this viewpoint is a new non-tariff wall and intervening one country's internal affairs. The theories which supports their viewpoint include: special culture theory, comparative superiority theory, element gift theory and etc.Then this argument means what to China?In other words,what inspiration does it will bring us?This thesis first indicate our developing country's standpoint,namely firmly oppose that all the counties use the same labour standards and directly imported into the international trade.But due to the developed country's leading status in international affairs,we can not pay no attention to it.We should adjust some labour standards of our country to apply with the Core Labour Standards and prevent the new tariff wall.What's more,as a member of ILO,we should apply to the labour standards and this will benefit to our country and improve our living and work level.So we should recognize the situation and amend our labour law to apply with the international labor standards.This is legal scholar's duty and this thesis'aim. The subject of the second part is the freedom of association and rights of collective negotiation and the modification of our country's labour law.This part first expain the International Labor Treaty'important provision about the two standards. Afterwards this thesis analyses the status of our country's freedom of association and rights of collective negotiation.At present, our country has the following problems in freedom of association:The first is ourapproval system of organizing labour union does not accord with the International Labor Treaty'totally freely setting up;The second is our legal system lack an important law—strike law.It will not protect the labor's strike right and regulate the strike. Right of collective negotiation still has two aspects to improve:firstly,we all along use the meek "collective bargaining"instead of "collective negotiation".In fact, "negotiation"can better show the equality between the labour and the corporation.Secondly, the level of the collective negotiation is too single.This thesis bring forward such legislation advice about above problems:change the approval system of organizing labour union into register system; constitute strike law soon and give the labour strike right to regulate the strike;establish the forced collective negotiation system;amend labor law and other relative law to affirm the collective negotiation and contract of trade level and territory level. The third part of the thesis discuss the employment equality right and perfection of our country's labour law. Employment equality is against discrimination in career.No.111 treaty give a concept of discrimination and point out three condition that do not belong to discrimination.At present,our country's employment discrimination is serious.Gender discrimination,age discrimination and politics discrimination are still exist abroad.Our country's law still has some shortcoming in banishing career discrimination.Firstly,the career discrimination in our labor law just include nation,race,gender and reglion.Secondly,the present labor law can not be apply with the peasant,soldier,official and nurse,so their career discrimination problem can not be solved by labor law.Thirdly,because our country lack special against career discrimination law and the labor law lack detail protect measure,manyprovision can not be bring into effect.Because of above problems,this thesis bring forward three methods to solve the problems:First,add the provisions about the career discrimination;second,establish a comprehensive against career discrimination law;three,establish a special institution to protect career. The fourth part of the thesis discuss the avoidance of hard labour right and perfection of our country's labour law.According to "hard labor treaty", hard labor means that a person is forced to do the work under the threat. "Abolish hard labor treaty"enlarge the range of the hard labor and enumerate other five form of the hard labor.Hard labor has two content in our country:first,employer forced employee to work;second,government forced criminal to work. these are two questions of different nature.This thesis emphasize on the latter namely the peculiar system of labour reeducation of our country.Though the system of labour reeducation has good effect in maintain the public peace and decrease the crime,this system should not exist any more.Therefore,this thesis bring forward such suggest to reform the system. First of all, we propose that the Standing Committee of the National People's Congress make the special law about the system of labour reeducation, thus give the system of labour reeducation legal position; Secondly,perfect legal procedure of labour reeducation,ensure legitimate rights and interests of the men who are reeducated by labor. Finally , set up independent police courtroom inside the people's court , which handling the case of labour reeducation. The main subject of the fifth part of this thesis is protection of child labor and perfection of our country's labour law. At present, "minimum working age treaty"(the treaty No. 138 ) and "the worst form of child labor...