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China’s Wage Protection System Construction And Perfection Of The Legislation

Posted on:2014-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z YangFull Text:PDF
GTID:2296330422474788Subject:Law
Abstract/Summary:
Wage workers is the primary means to earn a living, workers should have the right to wagenaturally in the performance of the labor obligation. Labor law should be given not onlyhave the right to wage laborers, but also effectively protect the wages of workers can besuccessfully achieved and timely payment of wages in case of relief. In China, although theLegislation for the payment of wages has been a problem, but also the government to crackdown on many occasions, but there is still a very serious problem of payment of wages.Some employers due to poor management, inability to pay wages, and some employers arein violation of the law, deliberately withheld, paying wages to laborers. And disadvantagedworkers encountered wages due the workers did not possess any movable or immovableproperty of the employer, but also unable to exercise security rights, such as the right ofdefense, the right to request the return of deliverables, etc. to maintain their own debt, andtherefore labor who rely entirely on their own to solve the difficult problem of payment ofwages, so the pay talks were jumping, suicide, violence and other serious incidents ofretaliation will often occur, seriously affecting social stability, resulting in adverse socialconsequences. Wages how to further solve the problem, the problem has become the focusof all levels of government and the community of common concern. The reason is notperfect Wages security system is very critical reasons. Therefore, building a perfect securitysystem it is necessary Wages.In this paper, the use of standard research and empirical analysis method, the status quoWages security system, problems and suggestions elaborated and analyzed from theperspective of trying to legislate against the current series of policies aimed at solving theproblem of payment of wages, initiatives to be evaluated, then put forward some feasiblecountermeasures and suggestions on the legal system in order to further improve theprotection of wages system, protect the legitimate rights and interests of workers. Inaddition to the introduction and conclusion of this article is divided into four parts: The firstpart of the theoretical basis, Wages security system. First, from a theoretical analysis,elaborates the meaning of protection of wages, analyzes the necessity and feasibility ofconstructing Wages security system, security system outlines the role of Wages, theoreticalanalysis and countermeasures for subsequent studies provide a basis for.The second part of the study extraterritorial Wages security system. This chapter introducesthe basic situation of foreign countries and the establishment and operation of the Protectionof Wages of Hong Kong and Taiwan ’s legal system and gain some interesting country to learn from the experience of reference.The third part of the legislation of the Protection of Wages on the status and problems of thesystem. This chapter discusses the current status of legislation of Wages security systemsand problems, trying to reveal the flaws and shortcomings of Wages protection systemexists. The fourth part, building and improvement of Wages Security System. Man on thebasis of the previous analysis, to improve our security system Wages provides specificrecommendations. Consists of four parts: First, improve legislation; Second, the Fundestablished system; Third, establish credit system covering the whole society, fourth is tostrengthen supervision and punishment of labor inspectorates; five is perfect " maliciouswages " of sin judicial apply.
Keywords/Search Tags:Employee, Employer, Wage, Wage protection system, Legislative construction, Perfection
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