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The Legal Improvement Of Interests Distribute Of Labor And Capital Relationship In The View Of Incremental Interests

Posted on:2015-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:L ZengFull Text:PDF
GTID:2296330434456339Subject:Economic Law
Abstract/Summary:PDF Full Text Request
At present, the main problems of labor relation of the interest distribution inChina is the legal system of labor relation of the interest distribution imbalance,distribution system protection of labor interests is not scientific.The current academicresearch is mainly improving and adjusting in the collective bargaining system orhuman capital shareholding system, but all kinds of connections between the twosystem have seldom been discussed.Sort out the increment interest relation is the basis for the adjustment of laborrelation of distribution. The incremental benefit is that part of the original cost of newproducts after deducting labor created, from the incremental benefits perspective,labor is the only source of value, material can not be added without labor effect.Capital must rely on the production benefit increment, and labor can only rely on thecapital to maintain its survival. Both sides can only forming a community of interests,to promote each other’s development; only through the combination of capital andlabor, to make profit "cake" bigger, to achieve mutual benefit.The labor relation of the interest distribution imbalance is mainly reflected in thelabor interests distribution of GDP ratio imbalance, serious polarization of laborinterests distribution, capital monopolizing profit.It has serious impact on socialharmony, leading to economic development unsustainable. Because of defecting ofadjustment of labor relationship distribution system, the law of corporation has aunclear understanding about labor capital so that protection is inadequate, the laborlaw on The Three Rights Of Labor has negative acknowledgement further hamperedthe laborers in labor capital investment share increment benefit rights.Therefore, we must confirm that allows workers to labor contribution in terms ofshares in the company law, as long as the law on labor contribution of the subject,the rights and obligations, can the same investors share the incremental benefits.Among them, we should also pay attention to determine the labor value of assessmentmethods and the enterprise registered capital proportion, as this system operation oflogistics support; To perfect the labor law in the collective bargaining system, notonly the normal growth of labor recovering its labor costs and salaries, but also withthe system of collective action, cooperate with the protection of workers to laborcapital investment to achieve in involved in the increment benefit distribution rights.Among them, we should pay attention to enhance the collective bargaining legalposition, giving workers the right to exercise the collective action as both sides after the breakdown of negotiations relief means from the aspect of law, regulates the rightsand privileges of collective action right, exemption from liability, in order to realizethe rights of protection and prevent rights abused.
Keywords/Search Tags:labor interests distribution, incremental interests, labor capital, collectiveright
PDF Full Text Request
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