Traditional Culture Encyclopedia - Traditional festivals - The object of labor legal relationship

The object of labor legal relationship

Legal analysis: the object of labor legal relationship is labor force. The rights and obligations of labor legal relations closely revolve around the labor force, which can be roughly divided into labor force transfer, labor force use and labor force protection. The objects of these relationships are different.

Labor transfer. In the relationship between workers' right to choose a job and employers' right to recruit and dismiss, workers and labor users aim to establish a labor transfer relationship. With the universal implementation of labor contract, the conditions and forms of labor transfer will be stipulated in the contract, and the labor as the object is a potential form of labor, that is, labor ability. The recruitment procedure is actually a procedure to check this potential labor force.

The use relationship of labor force. In the relationship between workers' labor remuneration right and enterprise's manpower and distribution right, the object of rights and obligations is labor force. Potential labor ability is a non-objective thing, which cannot be accurately measured, and it is difficult to directly become the object of labor remuneration right. In the socialized mass production

Legal basis: People's Republic of China (PRC) Labor Law.

Article 1 This Law is formulated 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.

Article 2 This Law is applicable to enterprises, individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them in People's Republic of China (PRC).

State organs, institutions, social organizations and laborers who have established labor contract relations with them shall be implemented in accordance with this Law.

Article 3 Laborers shall enjoy equal employment and choice of occupation, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, submission of labor disputes and other labor rights as stipulated by law.

Laborers should complete labor tasks, improve their professional skills, implement labor safety and health laws and regulations, and observe labor discipline and professional ethics.

Article 4 The employing unit shall establish and improve rules and regulations in accordance with the law to ensure that workers enjoy their labor rights and perform their labor obligations.

Article 5 The state adopts various measures to promote employment, develop vocational education, formulate labor standards, adjust social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.

Article 6 The state encourages laborers to take part in social voluntary labor, carry out labor competitions and make reasonable suggestions, encourage and protect laborers to carry out scientific research, technological innovation and inventions, and commend and reward model workers and advanced workers.