Research On The Nature And System Of Labor Rights In Labor Law

Laborer rights is the core concept of labor law. However, there are still a number of issues as to this concept needing further study, including the inaccurate scope and unclear system of laborer rights. This paper aims to shed some lights on these issues,clarifying the scope of laborer rights and systematizing the study in that regard. Hence,a new way of thinking can be provided to the theoretical study of this concept as well as the modification of Labor Contract Law.Labor law has provided a full range of protection for laborers, granting them a series of rights. However, not all these rights can be deemed as laborer rights in labor law , and laborer rights should be studied in the specific context and system of labor law. Laborer rights in labor law have their own specific source and nature. Laborer rights are the rights of labor law. The subject of rights and obligations are respectively laborers and employers in the sense of labor law. Laborer rights in the labor law mainly come from the following aspects. Some laborer rights are directly based on the labor contract while some arise out of laborers’ citizenship. Some laborer rights are on the basis of the special status of the laborers in labor law while some derive from the special protection for laborers in labor law. According to the analysis of the origin and nature of the laborer rights, current labor law study has misunderstandings in terms of determining the laborer rights. Some rights, such as the right to work, does not belong to the laborer rights in the field of labor law.On the basis of the accurate understanding of the laborer rights in labor law, the laborer rights can be divided into three categories. The first category of laborer rights is the contractual rights based on the labor contract, mainly including wage remuneration right and resting right. The second category of laborer rights is the personal rights based on the citizenship of labors in the labor process , mainly including the right to labor security and labor dignity. The third category is the collective rights which are based on laborer’ special status in labor law, including the rights of solidarity, collective bargaining and collective action.There are some differences in exercising different types of laborer rights. In particular, the realization of the contractual rights requires the employers to fulfill their obligations actively. For the realization of personal rights,the state needs to strengthen the protection system. For the realization of collective rights, the labor union needs to grow their own strength.Finally, the construction of the legal system of laborer rights should be based on the actual demand of laborers. The construction of legal laborer rights should follow the practical development of laborer rights, and constantly clarify and refine legal laborer rights. In particular, the mental health of laborers should be added in the labor security. And the law should clarify the legal requirements of laborers’ collective action. According to the origin and the nature of the laborer rights, the labor rights in labor law are the rights in the labor relations between laborers and employers. The realization of the laborer rights, on the one hand, requires the guarantee of the state system. But on the other hand, it needs more active actions from the employer to fulfill their obligations . The construction of the legal laborer rights should pay more attention to the construction of the labor union. The construction of the group strength of labor union will promote the establishment of market game mechanism in labor relations. In this way, laborer rights can be better protected.