Research On Legislation Of Labor Standard Law In China

Labor benchmark refers to the state’s use of public power to intervene in the field of labor,and the labor standards that are closely related to the vital interests of workers,such as working hours,wages,rest and vacation,labor health and safety,etc.,are the bottom-line labor standards.Labor standards are the cornerstone of labor relations adjustment and an important part of labor law.Under the conditions of the market economy,although the employer and the employee signed the labor contract through mutual agreement,the direction of the capital is strong,and both parties of the contract cannot achieve an evenly matched effect.In order to prevent the basic rights of workers from being infringed,the state limits the improper employment of employers through the establishment of labor standards and protects the legitimate rights and interests of workers.At present,the relevant norms of China ’s labor benchmark are scattered in various legal documents,which are usually mentioned but not deepened,which leads to a legislative situation in which the legislative level of the labor benchmark legal system in China is low and does not match its importance.At the same time,some documents have been published for a long time,and the relevant regulations have been unable to cope with today’s social problems.Some of the specifications are too advanced,and the relevant regulations are not effective in practice.In short,the legislative design of the Labor Standards Law,which is related to the protection of workers ’basic working conditions,has become an urgent issue in China.On the other hand,countries outside the region have paid much more attention to labor benchmarks than our country.By now,some countries have formed a relatively mature labor benchmark legal system.Therefore,China can draw on the strengths of people and make up for their own shortcomings in the legislative design of the Labor Standards Law.We can draw on some relevant norms outside the region and apply them on the basis of the actual situation in China.The mode of decentralized legislation can become the preferred choice of China ’s labor benchmark law.On the basis of the relatively mature system of some systems,legislation is selected first.In the legislative process,the legislation guiding ideology of tilting legislation for laborers and employers in the implementation of dual protection is clearly defined.Optimize the existing labor benchmark standards in China,analyze and sort out the problems existing in the relevant provisions of the current law on wages,working hours,rest and vacations,protection of special workers,and labor safety and health standards,and propose feasible legislative suggestions.In addition,it analyzes the reasons for the poor operation of China’s labor supervision and security mechanism,and proposes that legislation should be given certain administrative coercive powers for labor inspection and strengthen the implementation of labor standards.