Research On The Right Of Labor

The Article III of the Labor Law of the People’s Republic of China regulates that theworker enjoys the equal right of employment, choice of occupation, obtaining payment forlabor, having rests and vacations, getting safety and health protection, accepting theskilled-career training, enjoying social insurance and welfare, paying the attention on thelabor dispute settlement and other labor rights regulated by the law., which can be regarded asthe regulation of labor rights and the worker’s right. It has a significant role on protecting theLabor Law and the purity of Labor Law and improving the theoretical basis of the labor lawto study the issue of labor rights for the mixing phenomenon of the right of labor, the laborrights, the worker’s rights, regarding the labor rights as civil rights and mixing the labor rightson the process of the legislative and judicial.Basing on the theory of the right of labor ability, the point of this essay is that the laborrights is a kind of conduction rights, which must be achieved on the dependent of physicalability or conduction ability. There is no so-called labor conduction without labor ability,because the right of labor id the requirement of labor, and the source of labor rights is thesubject having the right to enjoy it’s the right of labor which naturally attribute to. The laborrights originated from the right of labor ability, and derived from the right of labor ability,which partly different from traditional private rights and modern private rights of traditionalcivial rights. Owing to the qualitative of labor rights depending on the right of labor ability,the labor rights are also partly different from traditional private rights and new-modernprivate rights of traditional civil rights. The labor rights reflect the different ownershipbetween the labor of the individual and the traditional system of property. The definition oflabor rights has the narrow meaning, broad meaning and generalized meaning combing withthe scholar’s study to the labor rights. In this essay, we will focus on the narrow meaning,which means sharing the remaining rights. In the scope of the labor rights, we highlight thecore of the labor rights and distinguish from the labor system existing in other relative laborrelationship. From the structure of the labor rights, it mainly contains: the right to qualified,obtaining the labor qualification through employment, independent practitioners such asventure; the right of applying labor rights, forbidding the forcing and discrimination on theprocess of work; the right to be protected on the process of work, protecting the labor safetyand health condition; the right to be trained on the process of work, on the condition ofunadjusted to the work process or to improve the work qualification; the right to have restsand vacations, restoring the ability to work on the process of work; the right of sharing the creative wealth; the right to strike, fighting for the labor interests with the investor oremployer.