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Our Constitution has specific rights and duties for citizens to work.
Article 42 of the Constitution: Citizens of the People's Republic of China have the right and duty to work. Through various means, the State creates conditions for labor employment, strengthens labor protection, improves labor conditions, and increases labor remuneration and welfare benefits on the basis of developing production.
Labor is the glorious duty of all citizens who are able to work. Workers in state-owned enterprises and urban and rural collective economic organizations should treat their labor with the attitude of being the masters of the state. The State advocates socialist labor competition and rewards model workers and advanced workers.
The State encourages citizens to engage in compulsory work. The State shall provide the necessary labor and employment training to citizens before employment.
China's Constitution stipulates that citizens have the right and obligation to work, and clarifying the subject of constitutional labor relations and their rights and obligations is the premise for studying the issue of citizens' labor rights. By analyzing the constitutional norms and the process of change, it can be found that the constitutional labor relationship changes with the development of society. Citizens' autonomy in choosing jobs has increased, and the state has changed from labor managers to service providers. The dominant position of the state in constitutional labor relations has weakened but not disappeared, and constitutional labor relations still exist only between the state and citizens.
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Article 4, paragraph 4 of the Constitution: All ethnic groups have the freedom to use and develop their own spoken and written languages, and to maintain or reform their own customs and habits.
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The following provisions shall be met: (1) the name, address, and legal representative or principal responsible person of the employer; (2) The worker's name, address, and resident identity certificate or other valid identification number; (3) The term of the labor contract; (4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) Social insurance; (8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as provided by laws and regulations.
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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 the adjustment of labor laws and regulations in labor relations. 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. What are the characteristics of the labor law relationship?
The characteristics of labor law relations are that the subjects of labor relations are legally equal and objectively subordinate. Both parties to the labor relationship enjoy equal rights before the law, and the worker provides labor services to the employer, and the employer pays the corresponding remuneration to the worker.
Both parties shall establish an employment relationship on an equal and voluntary basis and submit to the management of the employer. Article 3 of the Labor Law of the People's Republic of China: Laborers 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 prescribed by law.
2. Is the Labor Contract Law the same as the Labor Contract Law?
First of all, the two are not the same category, the latter is a number of provisions for employees to sign contracts, the former is a broad definition, and the former is abolished after the implementation of the relevant law. The latter mainly adjusts the legal relationship between the employee and the employer, and is formulated for the purpose of improving the labor contract system, clarifying the rights and obligations of both parties to the labor contract, protecting the legitimate rights and interests of the employee, and building and developing a harmonious and stable labor relationship. The contract section of the former in the relevant law is the law that regulates the transaction relationship between equal subjects, mainly regulating the conclusion of the contract, the validity of the contract, the performance, modification, transfer, termination, liability for breach of the contract, and various types of famous contracts.
This law is not an independent legal department, but only an important part of the civil law of the National Detention Agency.
Article 2 of the Labor Contract Law of the People's Republic of China 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 conclude, 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.
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The Constitution is the fundamental law, and the Labor Law is only a legal department, so it can only be said that the Constitution is the general outline of all laws, and the Labor Law cannot contradict the Constitution, and there is no necessary connection, so it does not matter how many articles there are. Isn't it a bit winding?
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There is no labor law in the Constitution, and labor laws are separate laws.
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