Research On The Procedural Law Protection In Right To Labor Remuneration Of The Enterprise Employees

Nowadays, the incedent of asking for salary arises frequently. The financial crisis strikes the economy of our countries. Many employers ran away and consequently a lot of employees couldn’t realize their right of salary. The judicial organs try to investigate the criminal responsibility of these employers. As the core right of the Labor rights, right to labor remuneration is the basic right of human which relates to the survival situation of employees. The implementation of the law can’t play a role when the law departs from the procedural law. The procedural law makes a role in guaranteeing the order of the law. Even more importantly, the effects of the procedural law can not only guarantee the stability of the society, but also protect the right of human. Protecting the legal right of the legal parties in the labor remuneration cases by the Labor Court’s decision is our final goal.The trial of labor remuneration controversy belongs to the Ordinary courts. It has many problems. Right to labor remuneration is the civil right which has some nature of commonality. The trial of labor remuneration controversy belongs to the Labor Court in Germany and France. There are many labor people in our country and the pressure of the civil trial is very huge. Further more, the deadline of the civil trial is too long that can’t protect the right of the defendant. Setting up the Labor Court which belongs to the Ordinary courts in our nation can reduce the cost of the trial and suit to the trial system.Right to labor remuneration is the right of weakness. Nowadays, there isn’t any organization which can represent the right of the labor parties. The jury which concludes the referees of the employers, employees and the judge can make the sentence more fair. The referees of the employers and employees know the origin of the labor dispute, have abundant experience of the trial, consequently, they can provide many suggestions whicn can let the controversy solve more efficiently. Set the law of Labor Dispute Processing Law which regulates that the jury concludes the referees of the employers, employees and thejudge.The employers have the imformation of the employees including the staff payroll records, salary calculation standard, workers archives material, social insurance premium payment record, welfare issue record, staff work quality evaluation. So the employers hold dominant position in the labor remuneration cases. The employees find it hard to proff when the labor controversy happens. The witness often has the relationship with the employers so that he or she rarely appears in court as a witness. And this increases the hardness of the provement of the employees. Making the regulation that the employers proff the claim of not hurting the right of the employees should be the tendency. Give and protect the workers’ right of testifying. Set the law of Labor Dispute Processing Law and set the regulation of investigating and affixing the responsibility of the employers when they hurt the above right of the laborers.