The Research Of Legislation On Labor Regulations

Since our country implemented market economy, labor relations has changed significantly from administrative characteristics into market-oriented characteristics along with the reform of the state-owned enterprises and the growth of large amount of some other form enterprises. Under such circumstances labor relationship has became more and more complex. In recent years, labor dispute are increasing. Labor rules has become important evidences to resolve labor disputes which was judged by labor arbitration and people's court. We can see that labor regulation is playing more and more important roles. Due to its important effect, our country controls it from legislation. The labor law grants the right of legislation by employers, but it does not restrict the clear boundary of this right, so in practice, the employees are on the disadvantageous positions due to the influence of severe employment situation. Because the dominant position the employers always tend to make a labor regulation which is benefit to the employers. The labor regulation has become a main tool which deprives right from employees. The labor contract law got the aim of protecting the right of employee, and it defined the labor regulation, and made a further regulation. But it still lake operational in practice.In order to establish the harmonious labor relationships, the most urgent thing is to conduct the labor regulations with effective manipulation, to protect the legal rights of employees, to improve the legal regulation mechanism. Imperfect legislation has close relationship with the weak and confused research of theoretical research. In view of this, this paper is thinking about the meaning and nature of labor regulations, and made it to be a summary of national labor legislation and practical problems. At last, it got a study of how to improve legislation of our country's labor regulations. The author insisting that the nature of labor regulation is format term, and suggests that it should be decided by employers but not the both side.This paper has three parts. The first part introduces the basic theory of labor regulation such as the concept and the characteristic. It also illustrates the nature of the labor regulation briefly. Nowadays, nature theory on labor regulation can be divided into legal norm, contract, norms division, and collective idea are more popular. On this dispute, the author insists that the nature of the labor belongs to format term. It also makes a principle for solving the different efficiency among labor regulation labor contract and collective contract. The second part makes a conclusion on the labor regulation legislation which is carrying on, and points out the advantages and disadvantages of different form legislations. And then analysis the content and procedure defects on the legislation of labor regulation. The third part takes advantage of foreign countries and then gives some improved advices.