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Research On Legal Issues Of Wage Payment

Posted on:2016-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:T X WangFull Text:PDF
GTID:2296330467497646Subject:Law
Abstract/Summary:PDF Full Text Request
Labor issues is a major problem in modern society, the heart of the problem,labor is the wage payment problem. Wages right as a basic human rights of workers,is an important part of the labor rights, it is with laborer labor to pay a correspondingto the right, is laborer fulfilled in accordance with the provisions of the legal, thelabor contract or labor obligations, shall have the right to unit of choose and employpersons pays salary. Salary is pay laborer labor for direct purpose, salary is the maineconomic source of laborers and their family members living, is directly related to thesurvival andFull text in addition to the preface and epilogue, is divided into four chapters.The first chapter, comb wage payment of legal requirements. This chapter firstdefining the concept on wages, in the relation between wage and labor compensation,this paper argues that use salary concept. Our country labor law to the provisions ofthe "wages" is discussed based on amount of wage payment demands, timerequirements, forms, conditions, requirements, from the Angle of the theory ofinterpretation for wage payment apply in practice to provide comprehensiveinterpretation.The second chapter,the right localization of wage payment. This chapter fromthe concept and characteristics of salary right, property right of wages in the view ofthe three theories are analyzed. Salary right is a kind of request of rights, and humanrights, therefore, protect the right of wages is that the right to life, safeguard the oldmaterial foundation to realize social equity and justice. Workers in accordance withstatutory or after labor contract to perform the labor payment, it shall have the right toreceive wages. The essence of wage is a kind of exchange value, the exchange valueis conducted by laborer and unit of choose and employ persons labor rights exchangevalue, belongs to the scope of the property. After the laborer labor assignment to unitof choose and employ persons, unit of choose and employ persons should pay andworkers provide labor economic interests of the relative price. The third chapter, wage payment conditional analysis of the frontal illegality. Inthis chapter with the method of the type classification to the practice of unit of chooseand employ persons by setting the conditional classified analysis of the phenomenonof violation of worker pay. Distribution of unit of choose and employ persons to payis the autonomy of the enterprise, the right of autonomy when unit of choose andemploy persons and laborer contradiction, the national priority to protect the interestsof the workers for the value orientation.The fourth chapter, wage arrears and skimp on legal control countermeasures.This chapter from the first paper analyzes the causes of unpaid wages and skimp oninto the process of looking for legal relief. On the legal control countermeasure ofwage payment, it governance should be a system engineering. First of all from thepay dispute cases accepted mechanism, with the continuous development of socialeconomy, the employment form changes unceasingly, the legal mechanism ofacceptance and without too much change, how to adapt to the rapid growth of wagedisputes, how to make the laborer is rational and efficient enough rights, become thewage payment an important topic in the study of legal issues. This article through toperfect the legal aid system, optimizing the wage priority system, establish fund ofwage arrears for wage payment system, and strengthen the union of Angle to provideadvice on the solution of the problem.
Keywords/Search Tags:Wage payment, Salary right, Wage arrears, Pay freezes and wage cuts, Legalprotection
PDF Full Text Request
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