The Discussion Of A Certain Number Of Issues In Fundamental Labor Standards

Fundamental labor standards can be defined: the lowest standards for wages ,hours of work, weekly rest and paid leave ,occupational safety and health and health and employment of women and children. Fundamental labor standards of this article is different from technological standards, trade standards and enterprise standards in essence. Fundamental labor standards adjust the relations between enterprise and employee;but technological standards regulate the relations between people and object;fundamental labor standards are mandatory order;but trade standards is formulated by collective contract;the force of enterprise standards only exist in the interior of enterprise. In generally, enterprise standards are stricter than trade standards than fundamental labor standards.In terms of theory, fundamental labor standards is related to Human rights and labor rights, in the other hard, it also embodies the difference between civil law and labor law as well as the corporate social responsibility. However, at present, the current situation of China's fundamental labor standards isn't satisfied: the imperfection of the system, the delay of labor, and the trouble that China faced after it entered WTO. All problems make the discussion of labor standards urgent.In practice, fundamental labor standards also exist many problems .such as : the incompliance of lowest wages;hours of work exceed rules;paid leave can't be made sure in enterprise;malignant injury suffered on the job occur frequently and the amount of occupational disease is too high and the lack of strength of labor inspection. All these damage lawful rights and profits of labor . This article will analyze the problems of wages, hours of work, weekly rest and paid leave,occupational safety and health, labor inspection and put forward some suggestions. For example, we can reinforce legislation;set up effective procedure to lay down and revive labor standards;establish organization for labor inspection and give more strict penalization for unlawful behavior .By these measures, we can protect lawful right of labor.