Experts Said That The Moderate Labor Law Should Be Improved.

< p > some scholars have asked: why is the increase of karoshi in modern civilization progress? Why do people who feel tension, stress and depression in different levels of work and life increase? Why is life better than before, but happiness has not been reduced or reduced? What causes our confusion? < /p >

< p > < strong > labor law system lacks protection for moderate labor < /strong > /p >

< p > what kind of state of labor can maximize and effectively play the enthusiasm of workers? < /p >

Wang Quanxing, Professor of Law School of Shanghai University of Finance and Economics, said that we should advocate the idea of < a href= "http://www.91se91.com/news/index_c.asp" > moderate labor < /a > P.

He believed that in the sense of labor law, moderate labor is safe and healthy labor.

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< p > Wang Quanxing believes that in the labor standard system stipulated by the labor law, the benchmark of laborers' income includes labor remuneration, personal welfare, old-age insurance, unemployment insurance, maternity insurance and other benchmarks. The benchmark for workers' life and health includes occupational safety and occupational health (i.e. the physical and mental health of workers); while work (rest) time, labor quota, work injury insurance, medical insurance and collective labor welfare standard are the two types of benchmarks.

The "degree" of moderate labor refers to all kinds of benchmarks based on the health and life of workers.

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< p > the problem at this stage is that in the current labor law system and its implementation, there is not enough attention to moderate labor.

The main performance is to attach importance to labor income and neglect the health of workers, to neglect occupational health, to occupational safety, to the physical health of workers, to neglect the mental health of workers, to attach importance to occupational safety and health standards, to neglect the benchmark of occupational safety and health quota, to protect occupational safety and health seriously, that is, to deal with occupational injuries and to ignore positive protection, that is, pre occupational injury prevention, occupational injury insurance in occupational injury management, occupational injury compensation, and occupational injury rehabilitation and social adjustment.

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Jiang Ying, Professor of law at China Institute of Industrial Relations, said in an interview with reporters that in fact, labor hours are clearly stipulated in the labor law, but in practice, the implementation is not good. Because the employer is in a strong position, workers have to work overtime frequently, or even fail to work overtime due to overtime work. P

Labor relations are not balanced and dare not ask for requests.

For example, how to calculate overtime pay, the situation is different, the implementation is chaotic, there is a trade union consultation system, but the strength of the trade union is weak, and rarely speak for the workers.

The system of paid leave has issued relevant regulations in 2008, and the execution effect is not satisfactory.

She said that many of the current labour disputes involve overtime pay.

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< p > some scholars have said that although the labor laws and regulations stipulate that the employers should take corresponding legal responsibilities in violation of the law, however, if the workers are hard to obtain employment, if there is no extremely serious accident, the new useful units will bear legal liability.

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< p > Jiang Ying believes that another problem of the current labor law system is that the scope of labor law protection is too small.

Civil servants and university teachers are not within the applicable scope of the labor law.

She said that every worker has the problem of labor security.

There is also a problem of overtime work among civil servants. Although teachers in Colleges and universities do not practice sitting system, overtime work is also widespread under the pressure of teaching and scientific research. Some people even faint on the spot due to overwork.

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< p > < strong > with moderate labor as the core, the basic a href= "http://www.91se91.com/news/index_c.asp" > labor law < /a > /strong > /p > is improved.

< p > Li Guangyi said that nowadays China has not only suffered from overwork, stress, tension, and depression in the workers, but also suffered from heavy physical and psychological torture due to the importance of school and family to the score and enrollment rate. Students are tired, and the burden of their parents is aggravated.

Behind all this, there is a common problem: the lack of moderate labor standards! < /p >

< p > there are many famous quotes to encourage people to forget themselves: to serve the people wholeheartedly; to worry about and worry about the rest of the world, and to be happy after the whole world.

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Many experts of the P moderate labor research society say that those who practise these famous quotes are worth learning from the whole society.

However, for every worker's body, occupation, family and so on, we can not ask all labourers to do so. We advocate moderate labor.

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< p > labor law scholars believe that based on the fact that the protection scope of China's labor law system is too small, China should first expand the interpretation of the existing labor laws and regulations, and put all labourers in the protection target.

Taking the moderate labor as the core and taking the life and health of workers as the basis, the standard of labor quota should be worked out, the standard system for working hours of workers should be perfected, the investigation mechanism for violators should be perfected, and the human resource management mode with performance appraisal as the goal should be abandoned, so that labourers could work in happiness, give full play to their greatest initiative and enjoy the improvement of their quality of life and happiness.

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< p > < strong > occupational health and < a href= > http://www.91se91.com/news/index_c.asp > Occupational Safety > /a > sound rule of law < /strong > /p >

< p > Wang Quanxing believes that at present, workers in China are generally overworked and subhealthy. This shows that the whole society is not fully aware of the importance of moderate labor in concept, and has not established the concept of "life and health" for workers.

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< p > a serious lack of another concept is that we do not attach enough importance to the occupational disease of workers, and the legal system is defective. Otherwise, we will not have the problem of "thoracotomy for lung testing".

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< p > Wang Quanxing said that in many countries and regions, occupational injuries and occupational diseases were used as "occupational hazards" to legislate.

The use of "disaster" in legislation is not only enough to explain the frequent occurrence of industrial injuries and occupational diseases, the wide range of impacts and serious consequences, but also shows that legislators pay enough attention to industrial injuries and occupational diseases.

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< p > data show that the economic losses caused by industrial accidents and occupational diseases in China exceed 200 billion annually, accounting for 1.5% to 2.5% of the gross national product, which is equivalent to the construction of two Gorges dam. < /p >

< p > Wang Quanxing believes that more and more countries pay more attention to laborers' attention to occupational diseases instead of occupational hazards.

Occupational health risks include two aspects: statutory occupational diseases and occupational related diseases.

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< p > he believes that our country should move from the protection of workers' physical health to the three dimensional health protection with good physiological, psychological and social adaptability; from heavy occupational safety to light occupational health to systematic occupational safety and health management; after passive response to the priority process of prevention and control.

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< p > at present, the occupational health legal protection system at the core of the occupational disease prevention act and the legal protection system for occupational safety at the core of the "safety production law" have formed the situation of "joint management" but "multi head decentralization" at the core of the work safety supervision departments, health administration departments and labor administrative departments.

Therefore, there is a serious "fragmentation" tendency in the relationship between occupational health protection and occupational health and occupational safety protection.

The main manifestations are fragmentation of the system, fragmentation of regulatory power and resource allocation, and fragmentation of the operation of the system.

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Wang Quanxing believes that in the face of this situation, we should first emphasize the dialectical unity of occupational health and occupational safety system, break the current situation of decentralization, division of functions and separation of supervision among the two parties, formulate a unified occupational safety and health law to integrate the two existing laws; secondly, improve the integrated supervision mode of occupational safety and health, integrate the occupational health personnel and facilities formerly belonging to the safety production departments and occupational health departments, set up a unified and relatively independent occupational health supervision and law enforcement agency, and take the lead in establishing the coordination mechanism of occupational health department supervision, and promote the coordinated development of occupational health and safety protection. P

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< p > he believes that the ideal occupational health prevention and control mechanism should be from the source management, pre protection, labor protection, occupational hazard consequences until the whole process of occupational disease treatment and rehabilitation.

The prevention and control system of occupational health hazard legal system should include: occupational health hazard assessment system, occupational health hazard control effectiveness evaluation system, occupational health surveillance system, occupational health standardization system, occupational health education and training system, work-related injury insurance system and other supporting systems.

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