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Research On Legal Protection Of Laborers' Right To Know

Posted on:2021-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:W Z WuFull Text:PDF
GTID:2416330623469983Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of society,the public's awareness of rights has gradually strengthened.The same is true of the right to know.What we usually call the right to know refers to the public's understanding and access to relevant rights and freedoms at the information level.In China,a more important part of the right to know is the right of workers to know.There are many laws that stipulate the right of workers to know.For example,Article 8 of the Labor Contract Law makes it very clear that the workers' right to know is made.The Law on the Prevention and Control of Occupational Diseases also has knowledge of workers.The express provisions of the right.The laborer's right to know is the basis for protecting the rights of laborers,and is also an indispensable part of the labor rights of laborers as stipulated in the Labor Law.Laborers are often a vulnerable group in labor.We must take reasonable measures to protect workers' right to know and realize legal remedies against workers' right to know.Only in this way can the labor rights of workers be realized.The protection of workers' right to know is not only dependent on the laborers themselves to safeguard their rights,but also depends on the protection of the law.It is of great necessity and significance to realize the right of workers to know.The right of workers to know is the legal means for workers to protect their own interests and the basic conditions for realizing other labor-relatedrights.The realization of the workers' right to know can make them better exercise their relevant rights,do their jobs,and protect their rights and interests.The knowledge of the labor contract by the laborer can enable the laborer to better safeguard the work-related rights;the knowledge of the working environment and risk factors of the laborer can enable the laborer to improve the protective measures and reduce the incidence of work-related injuries and occupational diseases,indirectly.Protecting the human rights of workers;the knowledge of workers on business management can enable workers to better understand enterprises,urge employers to fulfill their obligation to inform,and participate in democratic management.The laborer's right to know is not only a convenient condition for labor,but a clearer appeal in labor dispute litigation as well,and enhance the efficiency of litigation.China's legislation has made many provisions on laborers' right to know,and has significant safeguarded the legitimate rights of workers.However,due to the lag of law,the legal provisions are still not perfect,and there are still many flaws in the legal protection of workers' right to know.The main performances are as follows: the content of the laborer's right to know is not clear enough,the employer's obligation to perform the notification is flawed,the lack of the realization path of the worker's right to know,the responsibility for infringing the worker's right to know is unknown,the laborer's right to know is not limited,and the worker knows The right relief system is not perfect.By comparing the legislations of the foreign civil law countries and thecommon law countries on the workers' right to know,and then going through the rough and refining,learning from each other,we can draw on some legal provisions,combined with China's specific national conditions,to summarize the specific recommendations suitable to protect the workers' right to know..First,we can learn from Germany and France to improve the content of laborers' right to know;secondly,we can improve the legal provisions for employer fraud;once again,improve the realization mechanism of workers' right to know,such as establishing an employer information public system and drawing lessons from the establishment of English and American laws.In addition,improve the responsibility for infringing workers' right to know,increase the cost of illegal activities,and protect the rights and interests of workers;and,to improve the restrictive provisions of workers' right to know,the right to know the workers should be exercised within the legal framework.Instead of unconstrained rights;finally,improve the relief system for workers' right to know,for example,to establish a revocable contract system,strengthen labor law enforcement and supervision,establish compensation and information access systems,and guarantee labor through various legal channels.The right to know.
Keywords/Search Tags:Laborers, Right to Know, Laborers' right to Know
PDF Full Text Request
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