Research On The Right To Strike That Is The Right Of Workers Suspend Working Collectively

Where there is a society there is dispute, so we need places, institution, proceduresand rules to prevent and resolve disputes.In other words,where there are social relationsthere are distortion and correction of social relations, any kinds of social relations can notalways be harmonious, labor relations as a kind of social relations can not always be inconflict or harmony forever.Therefore, as long as the labor relations whose link isemployment exist, it is difficult to eliminate labor conflicts, there will be palliativebargaining and intense strike phenomenon.Then for the extreme manifestations of laborconflicts-strike, law in reality avoid it,this leads to a embarrassing situation that the strikehas no legal basis,which is not conducive to build a harmonious labor relationship.So, inthe new environment, study the nature of the right to strike has become the focus of ourthinking.This article try to use the right of labor theory as the foundation, combine withthe feature of strike,then put forward a proposition that the right to strike is the right whichlabors stop working collectively,then demonstrate and analyse this proposition,ascertainthe value of right to strike,to provide rationality of confirming the right to strike basis inrelevant legal systems,and then promote the procedure of strike legislation.The strike is the core right of labor law reserch, is the realization of an importantprocedural rights and their right to survival and development.Specifically, first of all, thestrike is actually a behavior that labors stop using their labor collectively, therefore, theright to strike is the right which labors stop working collectively.Secondly, the originalpurpose of a collective action to take is to strike for survival, but with the development ofthe social production, the interest conflict between capital and labors is not the simplepurpose of existence any more, but the conflict to achieve their development benefitmaximum.Right of claim as labor rights the right to strike, has the essential attribute of theright to development.But the strike and sometimes also includes the pay dispute, whilewage is the price or the labor production and reproduction of labour commodity costs, notincluding human capital profits, therefore, to include the right to life or the right toexist.Therefore, the right to development in the human rights by the strike that has beencreated and is in to achieve the remaining workers by stopping the collective labor, thecreation and implementation of the remaining temporary halt to confront employers getthemselves shouldthe remainder is used for the development of the labor rights of peopleof their own quality.This will definitely elevate the attainment of the majority of workers and laborers and theri enthusiasm when they create Residual Value, however,the circularrelationship between the creation and realization of Residual Value and its re-creation andre-realization, will also related to the sustainable realization of the whole Residual Valuein society.Finally, the interests conflict of both parties are actually the conflict betweenthe property and the employee when the property abuse their property rights to violate thelabor right of labors.in order to solve this conflict, we need to certain,set and protect bothprivate rights by means of laying down laws.At the same time, the country needs toachieve a balance in the protection of the interests of labor rights and limitations ofworkers the right to strike, the only way, disorderly collective especially controversialstrike eased.