On Labor Remuneration Right

Labor issue is one of the major issues of modern society, and the key of the issue is labor remuneration. Labor remuneration is the basis of survival for the labor as well as their family members. Therefore labor remuneration right becomes an elementary right enjoyed by the labor. In current China, however, the protection for the labor remuneration right is far from satisfactory for a variety of reasons. In order to promote China's socio-economy and enhance China's legal construction process, it is the responsibility of the whole society to propel relevant law enactment process and to establish a more efficient labor remuneration right protection legal system. In this paper, the author argues for the legal principles and system construction of labor remuneration right from the perspectives of private rights as well as human rights. The author establishes his arguments mainly on remuneration justice and security system by means of value analysis, modal analysis and comparative analysis.This paper consists of four chapters in addition to the preamble and the conclusion.Chapter one: Fundamental theories of labor remuneration right. In this chapter, the author illuminates the fundamental theories of labor remuneration right from the perspectives of the concept, character and merits of labor remuneration right. Labor remuneration right, which can be isolated right as well as complex right, refers to the labor's right to get labor reward by virtue of subordinate labor relations. Labor remuneration right can be private rights as well as human rights, which consists of labor remuneration Negotiation right, labor remuneration claim right and labor remuneration priority right. The author argues that labor remuneration right is provided with survival value, system value and justice value. Thus, the protection of labor remuneration right becomes substantial safeguard of the survival right of the labor and meets the requirement of social justice. Enhancing the protection of labor remuneration right ameliorates the relationship between labor and capital, expedites the construction of a harmonious society and becomes the nation's obligation in international human rights protection.Chapter two: Labor remuneration Negotiation rights. In this chapter, the author begins his argument for the legal protection of labor remuneration right with the remuneration determining mechanism. Labor remuneration Negotiation right is the essence and basis of labor remuneration right, which includes individual bargaining right and the collective bargaining right for remuneration. The parties concerned shall observe the principle of autonomy of will during the process of Negotiation as subjects with equal status. In reality, however, the labor has difficulties in enforcing remuneration Negotiation rights owing to the superiorities of the capital and the inferiorities of the labor and the specialty of labor commodities. To tackle the problem the author suggests that the authorities concerned amplify the legal protection for the individual bargaining right on labor remuneration in accordance with the minimum wage system and the collective bargaining right of the Labor Union on labor remuneration.Chapter three: Labor remuneration claim right. This chapter makes a further research on labor remuneration right legal system from the perspective of obligatory right. Labor remuneration claim right refers to the right for the labor to claim reward from the employer, including labor reward request rights,labor reward continuous request rights in case of failure of payment or delayed payment, and damage claim right in case of the breach of labor remuneration contract. The establishment of labor remuneration claim right system will promote systematism of the protection of labor remuneration right, which different legislations and doctrines can be used for reference from various countries and districts. The author in this chapter also provides analyses of and discussion of labor remuneration claim right in relation to the employer's counterargument right, labor reward requesting right in relation to the labor's right of defense, and the beginning of prescription of labor remuneration claim right. The author insists that labor reward requesting right is a kind of continuous payment creditor right,hence a uniform prescription of action and longer duration of prescription should be applied. The author holds that the beginning of prescription of labor remuneration claim right shall be the day the labor dispute takes place instead of the day the labor knows or ought to know his rights are infringed, which depends on whether the labor relationship still exists or the labor relationship is terminated.Chapter four: Labor remuneration priority right. The focus of this chapter is the protection of labor remuneration right in cases of bankruptcy, liquidation and termination when the employer is unable to deliver any payment. The author argues that labor remuneration priority right is a prescribed real right of pledge, and the foundation for the establishment of labor remuneration priority right lies in its differentiation and the risk of the accessibility of the right. The establishment of labor remuneration priority right will substantially promote equality and justice. The author proposes that labor remuneration priority right go before the other general priority,special priority and traditional real right pledge priority with the exclusion of common debts and the person creditor's rights. Meanwhile, although the amount of remuneration for individual labor is limited, the summation of the remuneration for collective labors may be very huge. Labor remuneration priority right isn't built upon duly registration or appropriation. In considering the mightiness of the labor remuneration priority right, the author holds that appropriate restrictions on the validity of the right are necessary in order to balance the interests between the labors and other creditors and avoid the abuse of labor remuneration priority right.