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Research On Legal Regulation Of Labor Regulations

Posted on:2017-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:F H YeFull Text:PDF
GTID:2206330485962785Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Labor rules and regulations is an important part of coordination mechanism of labor relations. Employers ought to establish and improve labor rules and regulations in accordance with the law. At present, China’s labor laws and regulations, the labor contract system and collective contract system all have their own limitations and can not completely solve all kinds of problems during the operation of labor relations. Labor rules and regulations have its unique value in coordination mechanism of labor relations. If we can make full use of it, it’ll promote the labor relations harmoniously and steadily.China’s current laws and regulations on labor rules and regulations is not systematic and comprehensive in both procedures and content. This article focused on labor rules and regulations’ problems existing in legislation and practice. In terms of the procedures, first of all, the democratic process should be stated in legislation. Then make it clear that if the employers did not follow the legal liability of the democratic process and then they will pay for it. As for specific problems about worker’s participation in this program, such as the degree of participation, the power of labor rules and regulations lack of democratic procedure and the way to solve negotiation failure, etc.I will put forward suggestions about these issues in this article. In order to protect workers’ legitimate rights and interests, putting forward labor rules and regulations of the administrative review procedures should be referred to the legal level. For burden of proof that the labor rules and regulations have been published, there should be different requests to different situations. In terms of labor rules and regulations’ content, due to the different nature of each unit, it will be smart to summarize the principle of requirements on labor rules and regulations. In order to limit the employer’s control rights upon workers, legislation should limit the scope of the content of labor rules and regulations. Last but not least, punishment system in labor rules and regulations should be ruled strictly in case of employers’ rights abuse. I will list some of the most common practice on punishment abuse and put forward suggestions to protect workers’ interests.This article is based on the reality of China’s rules and regulations of labor legislation and practice. Through the analysis and comparative study on other countries’ and regions’ labor rules and regulations’ advanced experience of legislation and practice, we may find reasonable suggestions for rules and regulations of labor law. In the future, I believe the reasonable and comprehensive labor rules and regulations will play a bigger role to promote the country’s labor relations harmoniously.
Keywords/Search Tags:labor rules and regulations, punishment right, legal regulation
PDF Full Text Request
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