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Comparative Research On Occupational Safety And Health Rights Of Workers In China And In Kazakhstan

Posted on:2021-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:P U l p a n Z a b e n o v Full Text:PDF
GTID:2416330626458493Subject:Economic Law
Abstract/Summary:PDF Full Text Request
This dissertation focuses my research and reflections on four chapters,each of which examines the concepts of Labor and Human Rights in China and Kazakhstan from a comparative perspective.Interest and insight,as well as various aspects of the analysis,led me to delve into this issue and expand my thinking on the subject,for which I thank my academic community.The first chapter introduces the introduction of the standard itself,providing information about the values,the scientific values,and the premises of the relevant scientific work.What is the motivation for choosing and studying this topic? More precisely,hope was born of a desire to see differences in the laws of China and Kazakhstan in the field of labor protection and the right of workers to safety.Their scope,scope and effectiveness.Labor safety and security and the advantages,disadvantages,challenges and possible solutions to workers ' rights.Emphasis on exchanging useful and successful experiences in order to improve the legislation of both countries and to improve and strengthen the rights of workers.In addition,information was provided on the research methods used in the writing of this dissertation.Other Kazakh and Chinese authors on the issue of the degree of research and opinion.The innovations,the importance and the difficulties I encountered while writing my work.The second part outlines the different perspectives on work and Human Rights and draws a general definition from the concept of workers ' rights and the description of the laws of the two countries.This chapter discusses the general standard meaning of the terms“ Labor rights” and“ Human Rights” applicable to workers.The work of each country and the importance of human rights,which are often influenced by international and supranational sources,were discussed.Taking into account that different countries and generations,in the present case,Kazakhstan and China may have different views on the rights of workers,thus exploring the work of authors from different countries.Some of the main concepts that make up the concept of human rights in the workplace were studied and the following questions were considered: what supranational sources affect these concepts? This chapter also describes the importance and role of the worker's right to security and all rights,including human rights.Differing views,particularly on the subject,have proved to be much broader than expected.The third part examines the sources of the concept of human rights,mainly in national legislation,where there are some general differences between civil and common law countries,in particular in the national legislation of China and Kazakhstan,where there are different Constitutional guarantees.The report introduces the legislative forms of labor protection rights in China and Kazakhstan,analyzes the advantages and disadvantages of the legal forms of labor protection in China and Kazakhstan,and also provides a comparative analysis of the legal content of labor protection rights in China and Kazakhstan.The last chapter highlights the growing concern that Labor Laws enacted to ensure the safeguarding of workers 'human rights have,in many cases,led to the marginalization of workers' human rights by the exclusion of vital Labor,but there is no practical way to ensure that their rights are respected.Finally,it is increasingly recognized that the person who is responsible for the human rights of workers,this is a new phenomenon.A comparison and analysis of the realization of the right to work in China and Kazakhstan.The Fourth part provides an overview,Comparison and analysis of the implementation of labor protection rights in China and Kazakhstan.description of state law enforcement agencies in China and Kazakhstan.Their activities and differences.An overview is given of the situation concerning workers and trade unions and the protection of their rights in both China and Kazakhstan.it describes how the rights of workers and trade unions are protected in Kazakhstan and China.Since the beginning of the Twenty-First Century,the number of researchers and Labor Lawyers has increased significantly with the emergence of perceptions that Labor Law is in some way in recession.In this regard,the Special Rapporteur believes that human rights law can be applied to work.Scientific work on this issue is often limited to one country or region,such as Europe or Asia,or a specific country.In most countries,the issue of workers ' rights arose in the context of industrialization.Industrialization has changed when an employee is considered to be an employee who has freely entered into an employment contract with the employer.Although the author of the law was effective,he stressed that modern Labor Law was born in the context of a market economy.In the early stages of industrialization,in the absence of Labor standards legislation,workers came together in search of better working conditions,but often employers resisted because higher Labor costs reduced the competitiveness of companies.It is worth noting that in capitalist societies,the struggle for workers ' rights often occur when the limits of state power have not been recognized.In some countries,however,industrialization began when capitalism was not present in the country.There are no private sector employers and no private employers are considered to have the right to be based on the needs of the property or market economy.Instead,the state acted on behalf of the workers.While states may adopt some international Labor standards,such as those relating to working time and Social Security,the concept of human rights goes beyond the scope of powers.The country is above the individual and is a foreign concept.In addition,the state has no experience in comparing the requirements of private employers with those of employees.But,since the 1980 s,several former communist countries,and even some,have encouraged private entrepreneurship in pursuit of economic growth,and inevitably conflict between capital and labor.Chapter Four deals with the rights of China and Kazakhstan,highlighting the difficulties in considering how the state implements human rights in the work environment,and the balance between the rights of employers and the rights of employees in the private sector is still at an early stage.The article notes that China and Kazakhstan are building a model of an authoritarian state that strongly supports the rights of employers and the vast majority of workers as part of their economic development strategy,but ultimately has to face conflict when society becomes more prosperous and educated.The state must therefore respect and recognize workers ' rights and uphold them.Labor protection is an important part of modern state social policy.Without the observance of Labor protection laws and modern measures to ensure safe working conditions,companies would not be able to develop the country effectively;In particular,enterprises have made many plans and adopted many laws on this issue.However,as in any system,there are also shortcomings and weaknesses or violations in the exercise of these rights.This paper describes and analyzes the legislation in the Labor Law and compares the rights of workers.Labor protection is an important part of the social policy of the modern state.Without compliance with labor protection laws and modern measures to ensure safe working conditions,companies cannot effectively develop the country;in the formation of the two states during the economic reform process,people did Great efforts have been made.In particular,companies have developed many plans and passed many laws on this issue.However,as in any system,there are disadvantages and deficiencies or violations in the exercise of these rights.This article describes and analyzes legislation in Labor Law,and compares workers' rights.Despite the scientific development of various aspects of the protection of labor rights of employees,as well as the protective function of trade unions,there are no scientific works in Kazakhstan's legal science that meet the objective requirements of modern social and labor relations in the market.This work is the first scientific research devoted to modern problems of protection of labor rights of workers by trade unions in the People's Republic of China and in the Republic of Kazakhstan.The thesis attempts to formulate a modern approach to solving current problems,substantiate scientific conclusions and proposals aimed at improving trade Union protection of workers ' labor rights,taking into account the peculiarities of national Labor Law in both countries,while systematizing and expanding scientific knowledge in the field under study.
Keywords/Search Tags:right to Occupational Safety and Health, Labor Law, Chinese law, Kazakhstan law, labor rights, trade unions, comparison
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