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The Analysis Of Protection Of Labor Wage Rights

Posted on:2011-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2189360305972670Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Labors have the remuneration rights, which means workers should be paid according to the amount of their labor. Remuneration rights is an important economic rights of workers. Workers have the right to ask the employer to pay monetary remuneration, minimum wage and call for equal pay. Remuneration, including wages and other lawful income, is the material interests workers make through working. Pay equity is the core of labor rights as well as the ultimate purpose of labor act. However, in reality, employers exploit their employers'strong position to evade or violate the law to deduct and withhold wage of workers without cause, to pay wages below the minimum wage standards, which infringe the wage rights of workers seriously, affect the stability of society and result in a series of consequences.In view of the state that the wage rights of workers have been infringed and its problems, this paper adopts the method of theory with practice, combining domestic and abroad theory and practice experience and relevant laws and regulations and judicial interpretation to workers wage rights; with the clue to workers wage rights protection, it targeted points out several main performances of the infringement of the wage rights of workers currently, and analyzes the reasons, then proposes some feasible measures to solve these problems, considering national situation and strives to offer advice for the perfection of the labor wage protection.This paper is divided into three parts:The first part, the construction of workers wage protection laws. The situations that workers not paid on time and have been maliciously withheld occur repeatedly. By means of the subjective and objective analysis of causes of the delayed salaries, it improves the protection of wage system, the priority of wage payment system and establish criminal responsibility to strike, deter or alter the illegal employers and operators who delay the workers wages and ensure the realization of workers wage rights.The second part, the construction of the wage levels security system. To save the cost, the employer pays workers lower than the minimum wage or deducts the wage without reasons, which greatly reduces the level of real wage of workers and purchasing power, and affects the basic living conditions of workers.By strengthening the social responsibility of the employer, the establishment of wage payment security system, prohibiting employers from deducting wages, which ensure that workers can get enough wage to maintain the basic standard of family living and the social stability.The third part, the right to special protection of vulnerable groups.Migrant workers' wages are lower than the average wage for urban workers;women workers are widespread suffered from wage discrimination. To solve the wage problem of vulnerable groups, following the premise of market economy, the government,enterprises, trade unions and individual workers need to work together.Through the improvement of legislation, a change in the economic development pattern, it improves the ability of right protections, strengthens the supervision of the labor, and changes the vulnerable position of vulnerable groups, making them enjoy "equal pay for equal" rights.The innovation of this paper is:By the intervention of criminal responsibility, it recommends to establish wage arrears criminal responsibility system and intentional wage arrears crimes to punish the perpetrators who seriously evade workers' wage rights. The inevitability of the criminal responsibility, which means the increased cost of breaking the law and the increased risk of the wrongful act, when the costs outweigh the benefits, the perpetrator more harm than good, will naturally respect the law and reduce violations of the labor wage rights.
Keywords/Search Tags:Workers, wages, protection
PDF Full Text Request
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