Study On The Problems Of China Labor’s Employment Rights And Legal Protection

Labour rights are fundamental guarantees of human survival and development,remuneration is source of workers ’ basic living. In today’s society, the employmentsituation is grim cases, labour is rich in resources, and jobs is limited, therefore underpressure from such employment, workers to their jobs in order to survive, sometimescannot help but give up their part of the labour rights and interests, such a waiver is alast resort, rather than the true meaning of workers. At the same time, there are alsomany enterprises take advantage of workers eager job-seekers, arbitrary lowremuneration for work, not signed labor contracts with the workers, workers slightlyagainst, on the termination of labor relations as a threat. Therefore, how to improvethe mechanism of realization of labour rights in China became the focus of laborrights protection at this stage. While the enactment of the employment promotion Act,the labour code and the labour contracts Act to protect the interests of workers, butthese provisions too broad laws and regulations exist currently and principle, liabilityis not concrete, action is not strong enough. Therefore, the existing legal protectionfor labour rights on the basis of refined, clear occupational employment resultingfrom special circumstances the difference, preventing the workers in the course ofemployment equal employment rights have been violated. At the same time, enhancing the protection of labour rights enforcement, supervision and managementof the administrations concerned should do their part of the responsibility, through thepenalty mechanism to urge employers consciously take the initiative to safeguardworkers ’ rights and interests.As to whether the employer and the worker to conclude an employment contract forregular and non-regular investigation, for employers to check the working condition,effective supervision of employers regarding the remuneration paid, through a varietyof efficient implementation mechanisms to bring the law not to become Castle in thereal protection to the legitimate rights and interests...