Labor Terminology Explained, Noun Explained Labor Relations

Labor láo dòng

1) Engaging in physical or mental work for a purpose or when compelled.

2) Refers specifically to manual labor.

3) Labor driving; Troublesome.

From a philosophical point of view, labor is a connotative integration of subject, object and meaning.

Labor usually refers to the human movement that can export the amount or value of labor to the outside world, and labor is the only means for people to maintain their own survival and self-development. According to the traditional theory of labor classification, labor can be divided into two categories: mental labor and physical labor.

Labor is a special form of human movement. In a system of commodity production, labor is the expenditure and use of labor. Marx gave us this definition:

The use of labor is labor itself. The buyer of labor consumes labor power, which is called the labor of the seller of labor power. ”

Laborers refer to the suppliers of labor factors and the bearers of labor.

The literal meaning of laborer is "laborer", and it is a general term for a group of people who engage in labor activities. Laborer is a very broad concept, all citizens who have the ability to work and obtain legal income as a means of living can be called laborers. Different disciplines have different definitions of the concept of laborer, and the understanding of the concept of laborer is also different under different social systems and social systems.

Social definition: "Laborer" refers to a multi-class political ensemble that includes the petty bourgeoisie, civil servants, intellectuals, liberal professionals, workers, peasants, fishermen, and artisans.

First, laborers refer to those who participate in labor, which includes both manual and intellectual workers. Second, a worker refers to a person who uses his or her labor income as the main means of subsistence.

Legal definition: "Laborer" specifically refers to a natural person (Chinese and foreign natural person) who has reached the legal age, has the ability to work, and obtains income from certain social labor as his main livelihood**, and engages in labor under the management of the employer in accordance with the provisions of the law or contract. However, not all natural persons are legal workers, and in order to become legal workers, they must meet certain conditions and obtain labor rights and labor behavior capacity, which is different from "illegal workers", such as illegal immigrants to work.

Workers include nationals, foreigners and stateless persons. They are called employees, workers, apprentices, helpers, helpers, etc.

Definition of Marxist political economy: One of the three basic elements of the productive forces, it is the most active and creative element among the elements of the productive forces, and it is the main part of the masses of the people, which promotes the progress of history, creates the material wealth of the human world, and provides conditions for the creation of spiritual wealth.

The specific definition to use depends on the content of the article.

Labor relationship refers to the relationship of rights and obligations in the labor process established by the employer and the employee in accordance with the law.

Labor relationship refers to the legal relationship between the employee and the employer when the employee and the employer sign a labor contract in accordance with the law. The worker accepts the management of the employer, engages in the work arranged by the employer, becomes a member of the employer, and receives labor remuneration and labor protection from the employer. The differences between labor relations and labor relations are as follows:

1. The subject is different, one side of the labor relationship is a natural person who meets the working age and has the ability to adapt to the performance of the obligations of the labor contract, and the other party is an employer that meets the conditions stipulated in the labor law; The labor relationship is not limited to the relationship between a natural person and an employer, but can also be between units, between natural persons, and may be between more than two subjects;

2. The relationship is different, and the relationship between labor and tourism is formed in the subordinate employment relationship between management and management, supervision and supervision, and command and command; The labor relationship is a kind of property relationship formed by equal subjects according to the agreement between the two parties, and there is no personal subordination. Labor relations refer to the employment of employees by the employer for business operations;

3. The stability of the relationship is different, and the labor relationship is relatively stable, reflecting a continuous combination between the means of production, laborers, and labor objects; However, most of the labor relations are one-time or temporary work, which is generally aimed at completing specific work;

4. Different treatment. In the labor relationship, in addition to the regular remuneration of labor, the worker also enjoys various benefits stipulated in the labor laws and regulations, such as social insurance benefits, while the labor relationship generally only involves the issue of labor remuneration, and the labor remuneration is paid in a lump sum or in installments, without other benefits such as social insurance.

The Labor Law of the People's Republic of China

Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations. Article 19 The labor contract shall be concluded in writing and shall have the following provisions:

1) The term of the labor contract;

2) the content of the work;

3) Labor protection and working conditions;

4) remuneration for labor;

5) Labor discipline;

6) the conditions for the termination of the labor contract;

7) Liability for breach of labor contract.

In addition to the necessary clauses provided for in the preceding paragraph, the parties may negotiate and agree on other contents of the labor contract.

The labor law relationship is the relationship of rights and obligations formed by the adjustment of labor laws and regulations, and is the embodiment of labor law norms in actual life. Labor law relations under different social systems are fundamentally different in nature, and socialist labor law relations are the relationship between rights and obligations formed by labor relations for the adjustment of socialist labor laws and regulations. The elements that constitute a labor law relationship are:

The subject of labor law relations is the participants in labor law relations who enjoy rights and obligations in accordance with labor law, including natural and legal persons; Citizens and legal persons have the capacity for labor rights and labor behavior.

1. The subject of labor law relations.

1. One party is a natural person, including its own citizens and foreigners (foreign citizens + stateless persons).

2. The other party is the employer, specifically, the enterprise, public institution, state organ, social organization, individual economic organization, etc. that has the status of a legal person in China.

2. Elements of the labor law relationship.

1.Subject Element: The subject of the labor law relationship.

3.Object: The object to which the rights and obligations of both parties to the labor law relationship are jointly directed, that is, the purpose and result of the labor law code to be achieved by the law relationship, such as labor, wages, insurance benefits, working hours, rest and vacation, labor health and safety, etc.

3. Characteristics of labor law relations.

Its subjects are equal and subordinate to each other;

It has the characteristics of the will of the state as the dominant force and the will of the parties as the main body;

It has the characteristics of being formed and realized in the process of social labor.

Legal basis

Labor Contract Law of the People's Republic of China

Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and establish labor contracts, perform, modify, dissolve or terminate labor contracts. The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

The subject nouns of the labor law relationship are explained as follows:

The subject of labor law relations refers to the participants in labor law relations who enjoy rights and assume obligations in accordance with the provisions of labor laws, including enterprises, individual economic organizations, state organs, public institutions, social organizations and other employers, and workers who have established labor relations with them, i.e., employers and employees. According to the provisions of China's labor law, trade unions are the formal subjects of group labor legal relations.

The prerequisite for an employee to become the subject of labor legal relations is that he or she must have the capacity for labor rights and conduct. The so-called capacity for labor rights refers to the qualifications of the subject of labor legal relations to enjoy labor rights and undertake labor obligations in accordance with the law; Capacity for conduct refers to the qualifications of the subject of labor law relations to exercise labor rights and perform labor obligations in accordance with the law with their own behavior, so that the labor law relationship can be established, changed and extinguished. Based on the factual factors of a person's age, health, intelligence, and freedom of conduct, the law usually divides natural persons into persons with full capacity for work, persons with limited capacity for work, and persons without capacity for work.

A person with full capacity for labor refers to a male worker who is in good health and has complete freedom of conduct and is over the age of l8. The reason why the restriction of labor capacity is for the purpose of protecting the special interests of specific groups or the public interest of society and not for discrimination, let alone violating the principle of labor equality. Persons with limited labor capacity mainly include:

16. Minors under the age of 18 (it is forbidden to engage in particularly heavy manual work, job work, etc.); Female workers (considered incapacitated in jobs or positions where female workers are prohibited from working; In a specific physiological period, it is not allowed to arrange to engage in some specific production operations); Persons with disabilities who have a certain ability to work (can only engage in occupations that are compatible with their ability to work); Patients with certain specific diseases (not allowed to work in specific occupations, positions, or types of work); Some persons whose freedom of conduct has been restricted by law (persons who have been legally restricted from practicing due to violation of certain rules, etc.). Persons with incapacity for labor mainly refer to minors under the age of 16 (except for minors who can be recruited by recreational, sports and special craft units with the approval of the competent authorities), as well as disabled persons who have completely lost their ability to work.

Summary. Pro, good boss, the explanation of non-labor nouns refers to people under the age of 18 and those who do not have the ability to work. The population who are not engaged in social work.

In urban areas, it generally refers to the population excluding the working population, including minors and the elderly, those who are engaged in domestic work and those who are incapacitated, and those who are unable to engage in social work. The collective ownership of the working masses refers to the property ownership of organizations under the collective ownership of the working masses, which is the legal expression of the collective ownership of the socialist working masses and an important legal means for consolidating and developing the socialist collective ownership economy and protecting the socialist collective property from infringement.

Pro, good boss, non-labor noun explanation refers to people under the age of 18 and those who do not have the ability to work in the state of trembling. The population who are not engaged in social work. In urban areas, it generally refers to the population excluding the working population, including minors and the elderly, those who are engaged in domestic work and those who are incapacitated, and those who are unable to engage in social work.

The collective ownership of the working masses refers to the property ownership of organizations under the collective ownership of the working masses, which is the legal expression of the collective ownership of the socialist working masses and an important legal means for consolidating and developing the socialist collective ownership economy and protecting the collective property of the socialists from being infringed upon.

Extended information: people under 8 years of age and those who are not able to work. Also known as the economically active population, it refers to the statistical concept of the economically inactive population in Western countries.

is the total population minus the economically active population. Including: (1) infants and preschoolers; (2) Laughing students in primary and secondary schools; (3) unpaid domestic labor; (4) retired workers; (5) rentiers; (6) Sick and disabled persons and other idle people who have lost the ability to work.

Among them, the primary and secondary school students who are receiving general education are in the process of being trained to become a labor force, and like other non-economically active populations, they need the products and services produced by the labor force population to support them, and they are dependent populations.

[Legal Analysis].

Labor law, understood in a broad sense, refers to the sum total of legal norms that regulate labor relations and are closely related to labor relations. In addition to the legal norms in the narrow labor law mentioned above. It also includes the legal norms related to the adjustment of labor relations and other relationships closely related to labor relations in various other normative documents.

Labor relations refer to the social labor relations between workers and employers in the process of using labor ability to realize labor. The labor relationship regulated by the Labor Law is a labor relationship in a narrow sense, which specifically refers to the labor relationship between the employee and the employer. The object of adjustment of the labor law refers to the labor relationship and other relationships that are closely related to the labor relationship.

Among them, labor relations are the main objects of China's labor law adjustment. The labor law system refers to the unity of legal norms that constitute an indispensable part of the labor law department. It includes the employment promotion system, the labor contract and collective contract system, the working hours, rest and leave system, the wage system, the labor safety and health system, the special protection system for female employees and juvenile workers, the vocational training system, the social insurance and welfare system, the labor dispute system, and the supervision and inspection system.

The labor law system refers to the system formed by theoretical generalization and comprehensive analysis on the basis of the labor law system. The basic principles of the labor law refer to the general guiding ideology and fundamental norms that are contained in the entire labor law system, embody the essence and basic spirit of the labor law, run through the various labor law systems, and run through the whole process of legislation, law enforcement and justice of the labor law. It is the heart and soul of labor law.

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 lawful rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to 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 4 Employers shall establish and improve rules and regulations in accordance with law to ensure that workers enjoy labor rights and perform labor obligations.