Labor law issues

China's labor law is an independent legal system, including the Labor Law, the Labor Contract Law and the judicial interpretation and implementation rules of the above two laws, as well as the administrative regulations of the State Council and the Ministry of Labor and Social Security.

Labor law (as well as various laws and regulations of the labor law system) is the general name of legal norms that adjust labor relations and social relations closely related to labor relations. It is a legal department produced when capitalism develops to a certain stage; It is a legal department separated from civil law; It is an independent legal department. These legal provisions regulate the relationship between trade unions, employers and employees, and protect the rights and obligations of all parties.

China's labor law is People's Republic of China (PRC) Labor Law, which came into effect on June 1, 995 1. (The latest legislation is the Labor Contract Law of 2008, which needs to be used together. )

The adjustment object of the labor law system refers to the laws that adjust labor relations and other social relations closely related to labor relations. It is inseparable from the core content of adjusting labor relations.

Clarify the following points: labor law is a legal department that comes into being when capitalism develops to a certain stage; It is a legal department separated from civil law; It is an independent legal department.

Labor law is a law formulated and promulgated by the state in accordance with the Constitution in order to protect the legitimate rights and interests of workers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress. In a narrow sense, the China Labor Law refers to the People's Republic of China (PRC) Labor Law, which was adopted by the Eighth National People's Congress on July 5, 1994, and came into force on October 0, 1995. Broadly speaking, "labor law" is the general name of laws and regulations regulating labor relations and other social relations closely related to labor relations.

As a basic law to protect human rights and embody humanistic care, labor law is even called the second constitution in the West.

Its contents mainly include: the main rights and obligations of workers; Employment policies and employee employment laws and regulations; Provisions on the procedures for the conclusion, modification and dissolution of labor contracts; Measures for signing and implementing collective contracts; Working hours and rest time system; Labor remuneration system; Technical regulations on labor health and safety, etc.

The above contents appear in the form of various separate laws and regulations in some countries, and are promulgated in the form of labor codes in some countries. Labor law is an important and independent legal department in the whole legal system.

Basic principles of China's labor law

1. Basic principles

The principle that labor is both a right and an obligation; The principle of protecting the legitimate rights and interests of workers; Principles of rational allocation of labor resources.

2. The right to work is a citizen's right.

Every citizen who has the ability to work has the same right to work:

(1) For citizens, it means the right to work, including the right to employment and the right to choose a job;

(2) Have the right to choose the occupation and employer that suits their own characteristics according to law;

(3) Have the right to use various employment security conditions provided by the state and society to improve employment ability and increase employment opportunities. For enterprises, it means equal employment of qualified employees and strengthening the responsibility of providing unemployment insurance, employment services and vocational training. For the country, it should provide the necessary guarantee for citizens to realize their labor rights.

3. Labor is a citizen's duty.

This is the requirement that labor has not generally become the first in people's lives and the inherent anti-exploitation nature of socialism.

4. The principle of protecting the legitimate rights and interests of workers

(1) Priority protection is given to key protection: while protecting both sides of labor relations, the labor law focuses on protecting workers in a weak position, appropriately reflecting the rights standards of workers and the obligations standards of employers, and the labor law gives priority to protecting the interests of workers;

(2) Equal protection: the legitimate rights and interests of all workers are equally protected by the labor law, all types of workers are equally protected, and special groups of workers are specially protected;

(3) Comprehensive protection: the legitimate rights and interests of workers, whether before, after or after the conclusion of labor relations, should be included in the scope of protection;

(4) Basic guarantee: the minimum guarantee for workers, that is, the protection of workers' basic rights and interests.

5. The principle of rational allocation of labor resources

(1) Dual value orientation: Whether the distribution is reasonable is based on the dual value orientation of efficiency and fairness. The task of labor law is to adjust the macro and micro allocation of labor resources;

(2) Macro allocation of labor resources: that is, the allocation of social labor among employers in the whole society;

(3) Micro-allocation of labor resources: handle the relationship between workers' interests and labor efficiency.