What are the basic principles and specific contents of labor law?

The basic principles of labor law are as follows:

1. Basic principles:

1) the principle that labor is both a right and an obligation;

2) the principle of protecting the legitimate rights and interests of workers;

3) The principle of rational allocation of labor resources.

1) For the people of Gongshen, it means that they have the right to work including the right to employment and the right to choose employment;

2) Have the right to choose the occupation and employer suitable for their own characteristics in accordance with the law;

3) The right to take advantage of the various employment security conditions provided by the state and society in order to improve employability and increase employment opportunities. For enterprises, it means hiring eligible employees equally, and strengthening the responsibility of providing unemployment insurance, employment services, vocational training, etc. For the State, it is necessary to provide the necessary guarantees for the realization of the right to work for citizens.

3. Labor is the duty of citizens. This is a requirement derived from the fact that labour has not yet universally become the first priority in people's lives and the inherent anti-exploitation nature of socialism;

4. The principle of protecting the legitimate rights and interests of workers:

1) Emphasis on protection and priority protection: While protecting both parties to the labor relationship, the labor law focuses on protecting the workers in the position of the weak, appropriately reflecting the rights of the workers and the obligations of the employer, and giving priority to protecting the interests of the workers;

2) Equal protection: The legitimate rights and interests of all workers are equally protected by the labor law, equal protection for all types of workers, and special protection for special groups of workers;

3) Comprehensive protection: the legitimate rights and interests of the worker, whether it exists before, after or after the conclusion of the employment relationship, should be included in the scope of protection;

4) Basic protection: the minimum protection for workers, that is, the protection of the basic rights and interests of workers.

5. The principle of rational allocation of labor resources

1) Dual value orientation: the criterion for reasonable allocation is whether the dual value orientation of efficiency and fairness can be taken into account, and the macro and micro allocation of labor resources can be standardized;

2) Macro allocation of labor resources: that is, the allocation of social labor among various employers within the whole society;

3) Micro allocation of labor resources: handle the relationship between the interests of workers and labor efficiency.

Legal basisArticle 3 of the Labor Law of the People's Republic of China.

Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

The basic principles of China's labor law refer to the guiding ideology and code of conduct followed by labor legislation, law-abiding and law enforcement. It is a summary of China's long-term experience in labor legislation, law-abiding and law enforcement, reflects the socialist nature and characteristics of China's labor law, and has universal guiding significance for labor legislation, law-abiding and law enforcement. The basic principles of labor law are embodied in various labor laws and norms, which are the guiding ideology that must be followed in labor legislation, and the code of conduct for adjusting labor relations and social relations that are closely linked to labor relations.

The basic principles of labor law belong to labor law norms, but it is different from specific labor law norms. First of all, the basic principles of the labor law are the basic legal norms with guidance, regularity, and program, and are the legal basis and guiding ideology for formulating and implementing various specific labor legal norms, while the specific labor legal norms are the specific provisions on the labor relations they regulate. As long as there is no change in the social, political, and economic system, the basic principles of the labor law will not change greatly, and the specific labor law norms should be revised and supplemented accordingly according to the political and economic tasks of different periods, and have a certain degree of flexibility. Although the basic principles of labor law are different from the specific labor law norms, they are extremely closely related.

The basic principles of labor law are the soul of specific labor law norms, and specific labor law norms are the way to realize the basic principles of labor law. The basic principles of the labor law are binding on the specific labor law norms, and the specific labor law norms cannot contradict the basic principles of the labor law, otherwise they will be invalid.

Article 1 of the Labor Law of the People's Republic of China This Law is enacted in accordance with the Constitution in order to protect the rights and interests of laborers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress. Article 2 of the Labor Law of the People's Republic of China This Law shall apply to enterprises and individual economic organizations (hereinafter referred to as "employers") within the territory of the People's Republic of China and the workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Article 17 of the Labor Law of the People's Republic of China The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

This provision was established as a fundamental principle of labour law. It shows that citizens who are able to work engage in labor are not only exercising their rights under the law, but also fulfilling their obligations to the State and society.

2. The principle of protecting the legitimate rights and interests of workers. In China, in order to protect the legitimate rights and interests of workers, we should implement the provisions of the Constitution through a series of specific measures, so that the legitimate rights and interests of workers can be fully and equally protected. The legitimate rights and interests of workers, whether they are property rights or personal rights and interests, whether they are statutory rights and interests or contractual rights and interests, and all rights and interests involving economic, political, cultural and other aspects should be protected.

3. The principle of balancing the interests of the subject of labor law. The main subjects of labor law mainly include the state, employers and workers, and the interests of labor law subjects include the interests of the state, the interests of the employer and the interests of the workers. The balance of interests of the main body of labor law is to achieve a balance between the interests of the remaining parties of the three worlds as much as possible.