A Comparative Study On Labor Standards Legal System Between Taiwan, Hong Kong And Mainland China

The Labor Standard Act puts the protection of laborers' existence right in the first place. Based on the dependency characteristic of labor relation and taking national force as back, it limits the hiring freedom of employer and makes labor conditions of the whole society maintain on a relatively fair standard that can be allowed and accepted by social conditions at that time, and thus safeguards society justice. Since the latter half of the 20^th century, Taiwan, taking the labor safety and health legislation as the opportunity, has finally formed the labor standard legislation system which took the Labor Standard Act as the mother law and core. The features of Hong Kong economy is openness and minimum government interference. Having been influenced by Britain's legal system for a long time, the laborer law in Hong Kong has obvious characteristics of British legal mode. The labor standard legal system in hinterland has gone through the great historical background from the planned economy to the market economy reforming. Therefore, the legislative form and concrete system in hinterland are quite different from that in Hong Kong and Taiwan. Under the trend of internationalization and unitization of the labor standard, it is of great significance to compare the labor standard legislation in the three places to make mutually profits. To improve the Labor Standard Act in hinterland, the key point at present is to set up a new basic labor standard legal system on the basis of the old one. For this reason, we need to solve some problems, including narrow applicable scope, low legislative level and weak standard character, etc. of present labor standard act by eliminating, changing and constructing some rales and laws. It is also necessary to consider making a uniform Labor Standard Act in right time.