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Research On Labor Right Protection And Interests Balance In Dismissal Protection System

Posted on:2008-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y B ZhaoFull Text:PDF
GTID:2166360245964368Subject:Law
Abstract/Summary:PDF Full Text Request
It is well known, any production is the combination of laborer, material and working condition. Developing market economy needs to rely on capital. Though laborer is the owner of labor force, its living right has to be expressed by working. Not only human's material and property relations origin from working, but also person's social position and achievement of individual value mainly arise from working. Labor's working under market economy, belongs to employer, whatever speaking from economy, personality or organization. Nature of subordinate is the core characteristic of employment working. How to deal with the relationship between capital and working? Which one is more important? Whether to use capital to hit and give pressures on working, sacrifice laborer's interests to prop up capital, or to establish"the welfare factory", which aims at purely pursuing the maximum benefit for laborers, while completely neglect the employment and organization rights of capital. All above are not in conformity with the intrinsic requirement of market economy. Especially, with the coming of knowledge economy, the original labor-intensive employment system in traditional industry has been under the impact, the pyramid kind of close labor-capital relation is gradually substituted by management kind of labor-capital cooperation relation. Developing market economy needs to define and protect laborer's status and rights, as well to confirm capital's hire and organization rights. Are relations between each other inclined or kept in balance? The following paper gives answers: the dismissal protection system in Labor Law under current market economy, should take the employment protection in priority of labor rights as the premise, take the economic efficiency as target, coordinate and balance labor-capital interests and relations, promote cooperation between labor and capital, so as to provide better service for constructing socialism market economy and harmonious society.
Keywords/Search Tags:Dismissal protection, Legal economic analysis, Gambling and balance between interests of labor and capital, Compensatory justice
PDF Full Text Request
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