The Research of the Labor Legal System in Mainland China

• Main Authors: Shih-Hao Wang, 王世豪
• Other Authors: 張五岳
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/33854993545288095143

碩士 === 淡江大學 === 中國大陸研究所碩士班 === 94 === The system of Mainland China''s labor law adjusts the work relations. It not only relates the legal standard with the social relationship but also has an important law field of conserving labors'' rights and interests, coordinating labor relationship, promoting economy development and the society progresses. Along with the reform of mainland China, in order to adapt these changes, many correlative labor relations laws formulate one after another. However, people in the Mainland China were still quite short of the idea of rule-by-law. Therefore, to expect the mainland people having the correct understanding to the correlative labor relations would be not so easy. These problems are the tough matters that enterprises who set up factories in the mainland and recruit manpower met. From the standpoint of worker, the enterprise uses loophole of laws and regulations in the Mainland China to deprive worker''s legal right and benefit. From the standpoint of enterprise, the worker does not pay attention to the enterprise’s interior regulations, the correlative labor laws or basically does not have concept of rule-by-law, which unavoidably causes conflicts when the enterprise utilizes these workers. Consequently, if both sides trying to avoid a labor dispute because of the law relations, and to restore the normal labor relations, they should correctly understand the work legal system. This article aims to discuss the content of the present Mainland China work legal system from its evolution of the legal system development, the work standard, labor dispute processing, and the work safeguard supervision. It discusses the achievement of “the People''s Republic of China Labor Law” to execute for ten years, and proposes advises to the amendment of the work legal system in the time of actively businessman welcoming by the Chinese government, and actively west heading by the Taiwanese businessman. It aims to gain an understanding to the present Mainland China work law system, and to facilitate harmony of the labor relations. Below are four research goals for this paper: 1. To understand the evolution of the mainland work legal system and discuss the implementation for ten years of the “Labor law” up to now as well as the correlative labor legislation question. 2. To discuss the important labor standard in the present mainland work legal system, including the wages, work hour, the rest and the vacation, the retirement, the economy compensation (payment of discharges from severance), as well as the working woman and the underage labor special protection and so on. 3. To understand the present mainland labor dispute-processing system, and discuss on its procedure content and the good and bad points. 4. To discuss the present mainland work safeguard supervisory system, and give a narrative explanation to the newly executed enactment, “Work Safeguard Supervision Rule” on November, 2004. The paper gives a study on the Mainland China labor legal system. The full text divides into eight chapters. In the conclusion, it summarized present situation of the mainland labor law legislation, the extant question of the mainland labor legal system, as well as outlined plan of and the tendency of the mainland work legal system.