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Legal Analysis: The Labor Law of the People's Republic of China was adopted at the Eighth Session of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No. 28 of the President of the People's Republic of China on July 5, 1994, and came into force on January 1, 1995.
Legal basis: Labor Law of the People's Republic of China Article 1 This Law is enacted in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system that is suitable for the socialist market economy, and promote economic development and social progress.
Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") within the territory of the People's Republic of China and to 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 3 Workers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, 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 for by law.
Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
Article 4 Employers shall establish and improve rules and regulations in accordance with law to ensure that workers enjoy labor rights and perform labor obligations.
Article 5 The State shall adopt various measures to promote labor employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.
Article 6: The State encourages laborers to participate in socially compulsory labor, carries out labor competitions and rationalization activities, encourages and protects laborers in scientific research, technological innovation, and inventions, and commends and rewards model workers and advanced workers.
Article 7 Workers have the right to join and organize trade unions in accordance with law.
Trade unions represent and safeguard the legitimate rights and interests of workers, and carry out activities independently and autonomously in accordance with the law.
Article 8 Workers shall, in accordance with laws and regulations and regulations, participate in democratic management or negotiate on an equal footing with employers on the protection of the legitimate rights and interests of workers through the workers' congress, the workers' congress or other forms.
Article 9 The labor administrative department shall be in charge of the national labor work.
The local people's labor administrative departments at or above the county level shall be in charge of labor work within their respective administrative areas.
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1. The term "labor" in the Labor Law refers specifically to the collective labor that employees engage in for a living and perform the obligations stipulated in labor laws and regulations, collective contracts and labor contracts.
2. The "labor" referred to in the Labor Law has the following characteristics: 1From the perspective of the main body, it is the labor that the worker performs as an employee, and the labor that does not have this characteristic is not the labor referred to in the labor law.
2.In terms of purpose, it is professional labor as a means of earning a living.
In labor relations, workers sell their labor power to get paid to support themselves and their families, and use labor as a means of earning a living. And this kind of labor is also professional labor.
3.In terms of nature, it is labor that fulfills labor legal obligations, and labor that does not have this characteristic does not belong to the adjustment of labor law.
4.Formally, it is the collective labor of the employer.
After being hired by the employer, the worker needs to work collectively under the arrangement of the employer to complete the labor process.
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The Labor Law is a law formulated and promulgated by the state in accordance with the Constitution in order to protect the legitimate 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.
In a narrow sense, China's "Labor Law" refers to the "Labor Law of the People's Republic of China" passed by the Eighth National People's Congress on July 5, 1994 and implemented on January 1, 1995; Broadly speaking, the Labor Law is a general term for the laws and regulations that regulate labor relations, as well as the legal norms that regulate other social relations that are closely related to labor relations.
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In order to protect the legitimate rights and interests of laborers, the Labor Law regulates labor relations, establishes and maintains a labor system suited to the socialist market economy, and promotes economic development and social progress.
If you do not resign in accordance with the procedures stipulated in the Labor Contract Law, the employer can pursue the losses you caused to the company and can deduct the loss costs. However, the employer is required to prove the amount of loss.
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The Labor Law of the People's Republic of China is formulated in accordance with the Constitution for the purpose of protecting the legitimate rights and interests of laborers, adjusting labor relations, establishing and maintaining a labor system adapted to the socialist market economy, and promoting economic development and social progress.
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It is a law that protects the legitimate rights and interests of workers and avoids losses for workers!
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If you leave directly, you may not get your salary, and you may even face the problem of compensation.
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To put it simply, labor law is a kind of law that regulates and regulates the relationship between workers and enterprises.
Article 2 of the Regulations on Paid Annual Leave for Employees Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work. >>>More
Legal Analysis: Adopted at the Eighth Session of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No. 28 of the President of the People's Republic of China on July 5, 1994, and came into force on January 1, 1995. On August 27, 2009, the 10th Session of the Standing Committee of the 11th National People's Congress passed the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws, which came into force on the date of promulgation. >>>More
The distinction between labor law and civil law: civil law is private law; Labor law is social law; Civil law refers to the general term of all legal norms that regulate property relations and personal relations between equal subjects; In order to protect the legitimate rights and interests of laborers, the Labor Law adjusts labor relations, establishes and maintains a labor system suited to the socialist market economy, and promotes economic development and social progress. >>>More
Labor law, also known as labor law, generally refers to legal provisions related to labor matters. These legal provisions govern the relationship between trade unions, employers and employees, and protect the rights and obligations of all parties. Labor laws vary from country to country, but most of them include the following basic elements: >>>More
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