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    Lack Of Labor Law System To Protect Moderate Labor

    2014/3/17 21:18:00 33

    Labor Legal SystemModerate LaborLabor Relations

    < p > what kind of state of labor can give maximum and most effective play to the enthusiasm of workers? Wang Quan Xing, a professor of Law School of Shanghai University of Finance and Economics, said that we should advocate the concept of moderate labor.

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

    < /p >


    < p > < < a href= > http://www.91se91.com/news/index_c.asp > < < http://www.91se91.com/news/index_c.asp > > labor law < /a >, the benchmark of laborers' income, including labor remuneration, personal welfare, old-age insurance, unemployment insurance, maternity insurance and other benchmarks, is based on the life and health of workers, including the < a href= > http://www.91se91.com/news/index_c.asp > Occupational Safety > /a > 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 attributes of the above two types of benchmarks.

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

    < /p >


    < 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.

    < /p >


    < p > < < a href= > http://www.91se91.com/news/index_c.asp > > labor relations < /a > Jiang Ying, Professor of the Faculty of law, said in an interview with reporters that in fact, labor hours are clearly stipulated in the labor law, but the implementation is not good in practice. Because employers are in a strong position, laborers have to work overtime frequently, or even fail to get enough overtime.

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

    < /p >


    < p >, for example, how to calculate overtime pay, the situation is different, the execution is chaotic, there is a trade union consultation system, but the strength of the labor 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.

    < /p >


    < 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.

    < /p >


    < 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.

    < /p >

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