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Research On The Labor Regulations

Posted on:2010-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y W LuFull Text:PDF
GTID:2166360275960676Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Recently, many cases have happended because of illegal labor regulations, which lead to the labor disputes and enroch the legitimate rights and interests of the workers. It stems from a lot of awareness among employers, but the most important reason is that legislation about the labor regulations in China is very poor. This paper attempts to work at the labor regulations, on base of the theoretical research in the word , and actively learning from t advanced legislation about the labor regulations in the developed countries. This article is divided into four parts:The first part of this paper is about the basic problem of the labor regulations. Firstly, it discusses the meaning and the role of labor regulations. Secondly, it introduces the main academic opinions regarding the legal nature of the labor regulations; Through the analysis of these doctrines, and combined with the actual situation of our country, the author puts forward the the view for the legal nature of the labor regulations. In addition, it talks about the relationship among the labor regulations and the labor contracts, and the collective contracts. These are related to the basic issues of the labor regulations.The second part is related to the legal effect and the elements of the entry into force of the labor regulations. In this section, First of all, it comes to reasons for the legal effect and its performance; then, it makes an analysis of the elements of the entry into force of the labor regulations.The partâ…¢is about the current legislative status and the implementation of the labor regulations. First of all, it introduces the major legislative modes of the labor regulations around the world, and analyzes the pattern of legislative modes of the labor legislation in china. Secondly, it carries out a carding for the current legislative status of the labor regulations in china. Finally, it makes an analysis of the main problems of the labor regulations of the employers in china.The partâ…£is related to the problem and consummation of the legislation about the labor regulations in china. In this section, on the basis of the research and discussion about a series of issues of the labor regulations, and drawing on the advanced legislative achievements of the labor regulations in the developed countries abroad, it makes an analysis of current problem of legislation for the labor regulations and Proposes Some of views to improve the legislation for the labor regulations in china. It is mainly related to the legal duty of the employers when they do not formulate the labor regulations, the issue about the administrative supervision for the labor regulations, the issue about the civil liability that the employers shoud undertake when their labor regulations break the law, and the adjust of the harmonization of legislation.
Keywords/Search Tags:the labor regulations, the legal nature, the entry into force of the elements, legislation model
PDF Full Text Request
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