A Study On The Legal Effect Of Labor Standards

Labor standards are the minimum standards set by the state for various labor conditions,such as minimum wages,working hours,occupational safety and health,and vacations,to protect the labor rights of workers and promote the harmonious and stable development of labor relations.As the weak in labor relations,laborers rely on public power,groups,and their own strength to safeguard their rights and interests.China 's labor standards have a strong administrative standard.The state sets unified standards.Through administrative methods,labor inspection departments supervise and regulate the behavior of employers.Workers are in a relatively passive position.Since the implementation of relevant labor standards laws and regulations,Relevant benchmark systems have been questioned and failed to achieve the fundamental purpose of implementing the law.The power of labor unions and other labor groups to protect the rights and interests of laborers has been restricted by many parties,weakening the role of social groups.The labor force is dominated by employers.In the relationship,the strength of the laborer to change his disadvantaged position is also very limited.In short,the existence of the above problems is more or less related to the incomplete legal validity mechanism of labor standards.In order to ensure the smooth implementation of labor standards,give play to its due legal effect,standardize the behavior of employers,protect laborers' labor rights and survival bottom line,this article combines the current status of the implementation of labor standards in China,and analyzes the problems of their legal effects,And put forward corresponding improvement measures.This article is mainly divided into four parts: The first part is the theoretical part of this article,which briefly summarizes the concept and characteristics of labor standards,clearly defines the legal effects of labor standards,and evaluates different theories in the theoretical world,namely,the effect of public law and private law.,and dual effect theory;the second part is the regulations and experience of relevant countries and regions outside the region.It is found that in the labor relationship,the employer as a strong subject should abide by the obligations of public law,protect the interests of the vulnerable workers,and learn about labor at the same time.The advanced experience of a country with perfect benchmarking legislation;the third part is the current regulations and deficiencies in China,including the current status of labor benchmarking legislation in general,the status quo in public law,the protection of workers' private law rights and the status of labor standards in China facing new industries The current situation leads to the weakening of the effectiveness of public law,insufficient protection of private law rights,and insufficient space for negotiation.The fourth part is suggestions to improve the legal effectiveness of China's labor standards.The first is to strengthen the public law effectiveness of labor standards,including promoting the implementation of labor inspections and improving judicial remedy procedures;the second is to improve the effectiveness of the private laws of labor standards,starting with private law rights,refining labor compensation claims,refusing to provide labor defenses,and The right to dismiss labor;the last is to give play to the role of social coordination methods,including ensuring that unions exercise their supervisory rights and improving the collective coordination system.