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On The Adjustment Of Labor Relations In The Public Right Of Intervention And Its Limits

Posted on:2009-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiuFull Text:PDF
GTID:2206360245476584Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Since the "Labor Law" put into effect, the labor relation have happened basic change. At present, the workers have achieved choosing their job on self's, workers and employers have achieved two-way selection mechanism for employment, coordination mechanism for labor relations has gradually established and developed such as equal consultation and collective bargaining, so the gradual establishment and development of the state of labor relations in general are harmonious. But we can not ignore the existence of unbalance between the employers and employees and the state of supply exceeding demand in the labor market ,it has led to the extension of working hours, wage deductions owed workers is a frequent phenomenon, poor working conditions, labor safety accidents, have become the hidden dangers of the social stability and development.In this situation, the urgent need is the power to intervene in the adjustment of labor relation, the legislative, administrative, judicial can intervene in the adjustment of labor relation to protect legitimate rights and interests of the workers. But the intervention of public power is not without limits, the Intervention of the public power should be based on the Labor Standards Law, and should comply with the basic principles.In this paper, it starts from the scope and limit of the public power intervention in labor relations, first of all ,the paper introduces the legal basis of the public power to intervene in labor relations , analysis the basic contents of Labor Standards Act, the necessity of the Labor Standards Act to establish ,as well as the public protection of the Labor Standards Act ; then introduce four ways of public power intervention in labor relations :labor legislation, labor inspection , labor arbitration, labor litigation, these forms of the intervention of the public power are not only statutory forms to adjust the labor relations, but also the limits on the public power who can only intervene in labor relations in these ways; the last part of the paper is the analysis on the limits of the public power intervention in labor relations, including legal basis of the public power intervention in labor relations, as well as the basic principles to comply .
Keywords/Search Tags:Labor relations, Public power control, Labor Standards Act
PDF Full Text Request
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