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Study On Labor Rights And Interests Protection Of Telecommuting Workers In China

Posted on:2018-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2346330542488222Subject:Economic Law
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Telecommuting is a new flexible employment mode with the development of Internet technology,mainly refers to the workers with professional skills in a place with certain office conditions,they use the Internet technology,through remote manipulation to accomplish tasks,it's a new mode of work.The increasing popularity of telecommuting,not only has positive effect on promoting social progress,also has unavoidable negative effects.On the one hand,the benefits that come from it should be enjoyed by us.Telecommuting is not only favored by workers,more conducive to solve many realistic problems caused by the rapid development of modern society,So as to establish a harmonious and stable labor relationship,as follows:One of them,the implementation of the telecommuting is conducive to employees to avoid the peak of commuting,reducing traffic pressure,ease the traffic congestion;Second,telecommuting enables workers to complete their tasks without leaving their homes,not only save the cost of office,but also reduce the environmental pollution;Third,telecommuting facilitates people's lives,workers can use this mode of work to take care of family and work,not only reduce the burden on workers,but also improve the efficiency,more conducive to social and economic development.On the other hand,The emergence of telecommuting has challenged the traditional labor relations in China,and then the problems that arise are also urgently needed to be solved.The first is the lack of legislation,whether it is the problem of the telecommuting how to apply,or adjust the remote office labor relations and so on.At present,there is no specific legal norms to regulate it.Secondly,when the labor rights and interests of the telecommuting workers are violated,if only in accordance with the existing laws and regulations on the protection of labor rights and interests of workers to protect,it is difficult to protect the labor rights and interests of the telecommuting workers.Finally,the protection of the rights of the telecommuting workers is not perfect,and lack of supervision.If you want to solve the economic and social problems caused by telecommuting,let it really play its advantages,widely used in reality.It is necessary to study the protection of labor rights and interests of telecommuting workers,and thus better maintain the harmonious and stable labor relations.This paper studies the protection of labor rights and interests of telecommuters in China.mainly adopts the methods of literature analysis,empirical analysis,value analysis and comparative analysis.Through the analysis of the telecommuting,clear the applicable conditions of telecommuting,understanding the specific needs of protecting the rights and interests of telecommuting workers.This article not only refers to the existing domestic literature,but also queries foreign books and journal papers in the school library resources.Through the study on the legislation of labor rights and interests protection of telecommuting workers in four countries,Britain,the United States,Germany and Italy,to understand the specific provisions of each country to protect the labor rights and interests of telecommuting workers.As a whole,from theoretical knowledge to practical experience,from foreign legislation to domestic status,through different research methods and rich information,it provides theoretical support for the protection of labor rights and interests of telecommuters.The main frame of this paper is composed of five parts:the first part is the introduction,mainly introduces the background and significance of this study,analyses of the research status at home and abroad,the research methods used in this paper are described in detail,makes clear the innovation and deficiency of the research,and then it introduces the overall framework of the article;The second part briefly introduces the concept and the characteristics of telecommuting,discusses the producing process and development trend of telecommuting and its development in our country,especially points out the difference between the protection of labor rights and interests of telecommuting workers and the protection of labor rights and interests under the traditional office form,highlights the particularity of this study,and then they clarify the necessity for the protection of labor rights and interests of telecommuters;The third part through the application of telecommuting to the implementation,and then to dispute resolution,analyzes the specific problems in the protection of labor rights and interests of telecommuters in China.This part divides the problem into four aspects,that is related to the telecommuting workers to the right to employment,rest,privacy and rights protection problems;The fourth part of the study of labor rights and interests of telecommuters in the four countries of Britain,the United States,Germany and Italy.Combined with relevant legislation,the specific regulations of protecting labor rights and interests of telecommuting workers in different countries are explained respectively,it can be used for reference in the protection of the labor rights and interests of the telecommuting workers in China;The fifth part is to propose solutions to the problems existing in the labor rights protection of telecommuting workers.It mainly combines the particularity of telecommuting,puts forward some specific suggestions to guarantee the right of employment,the right of rest,the right of privacy and the way to perfect the right protection of the telecommuting workers.China is not only lack of legislation related to telecommuting,but also there is less academic research on telecommuting,especially for the telecommuting workers' labor rights and interests protection research is very few.In order to effectively solve the practical problems brought by telecommuting,protect workers' labor rights and interests,truly realize the harmonious and stable labor relations,it is urgent to study the labor rights and interests protection of the telecommuting workers in China.
Keywords/Search Tags:telecommuting, workers, legal regulations, employers, rights protection
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