China's Labor Benchmark Public Interest Litigation Legislation Research

The labor standard refers to peremptory norms of national provisions on wages,working hours,rest and vacation,labor safety and hygiene,female workers and juvenile workers protection and other aspects of minimum working conditions.It is mandatory,statutory,and plays a fundamental role in guaranteeing the basic labor rights of workers.However,China has not yet established a special Labor Standard Law.The regulations are scattered in laws and regulations such as the "Labor Law" and the "Labor Contract Law." These are complicated and incomplete,and provisions for conflicting provisions are prone to occur.Public interest litigation is aimed at the social public interest.The object is the majority of people who are not specific.The main body includes the authority and organization authorized by law.The damages required are not necessarily direct damages,and public interest lawsuits can be filed where there is a potential risk of damage.In practice,The employer infringes upon the basic rights and interests of laborers still exists in large numbers.And the employer cannot guarantee that laborers enjoy the minimum labor rights such as wages,working hours,rest and vacation,labor hygiene and safety according to law The status of protection of labor rights and interests is worrying.Due to the disparity in strength between the employers and employees of the dispute,the incompleteness of the existing mechanism of labor disputes resolution,and the ineffectiveness of the collective negotiation and settlement mechanism,it has caused difficulties for workers to maintain their rights.The theory of human rights protection of laborers,the interests of lawsuits,public interest litigation,fairness and justice provide a theoretical basis for the study on the legislation of labor standard public interest litigation in China.The legal provisions of China's civil public interest litigation and administrative public welfare litigation have been continuously improved,providing a legal reference for the labor standard public interest litigation legislation.The number of public interest litigation cases in China has gradually increased,and a wealth of experience in judicial practice has been accumulated,as well as beneficial public interest litigation systems and experiences in foreign countries.This has provided practical experience for China's labor standard public interest litigation legislation.The labor standard public interest litigation system has the necessity and feasibility of its existence.Therefore,the author proposes the legislation of the labor standard public interest litigation.The procuratorial organs and labor administrative departments are given the qualifications of the litigation subject for the labor benchmark public interest litigation.The scope of the case is mainly for violations of occupational safety and health standards,special subject protection,wage payment standards,work time standards,etc.The author proposes to set the procedure rules for the pre-action procedure,the distribution of the burden of proof,the elimination of pre-arbitration procedures,the payment of legal fees,and the direct transfer of execution.