The subject and object of labor law and what are the main elements

The constituent elements of labor legal relations are the subject, content and object of labor legal relations.

(I) The subject of labor legal relations

The subject of labor legal relations refers to the participants in labor legal relations who enjoy rights and bear obligations according to the provisions of the labor law, including enterprises, individual economic organizations, state organs, public institutions, social groups and other employers and the workers with whom the labor relations are established, i.e., the employer and the employee. According to China's labor law, trade unions are the formal subjects of group labor legal relations.

The prerequisite for a worker to become the subject of labor relations is that he or she must have the ability to work and the ability to act. The so-called labor right capacity is the subject of labor legal relations in accordance with the law to enjoy the labor rights and labor obligations of the qualification; behavioral capacity is the subject of labor legal relations in accordance with their own behavior to exercise the labor rights and fulfill the obligations of labor, so that the establishment of labor legal relations, changes and elimination of the qualification. Based on the factual elements such as age, health, intelligence and freedom of behavior, the law usually divides natural persons into those with full capacity to engage in labor, those with limited capacity to engage in labor, and those without capacity to engage in labor. A person with full capacity to work is a male worker who is in good health, has full freedom of action, and is 18 years of age or older. Persons with restricted labor capacity are also classified on the basis of the four elements mentioned above, and the reason for restricting labor capacity is to protect the special interests of specific groups or the interests of the public rather than to discriminate against them, let alone violate the principle of equality in labor. Persons with restricted labor capacity include: minors between the ages of 16 and 18 (prohibited from engaging in particularly heavy physical labor, jobs, etc.); female laborers (considered incapable of labor in jobs or positions where female workers are prohibited from laboring; and may not be assigned to certain production operations during specific physiological periods); persons with disabilities with a certain degree of labor capacity (may only engage in occupations that are compatible with their labor capacity); and persons with disabilities (may only engage in occupations that are compatible with their labor capacity). capacity); persons with certain labor capacity (who can only engage in occupations compatible with their labor capacity); persons suffering from certain specific diseases (who may not engage in specific occupations or positions or types of work); and some persons whose freedom of action has been restricted in accordance with the law (persons who have been legally restricted from practicing their profession due to the violation of certain specific rules, etc.). Persons who are incapable of working are mainly minors under the age of 16 (except for minors who may be recruited by recreational, sports and special crafts establishments with the approval of the competent authorities), and persons with disabilities who are totally incapable of working, etc.

The prerequisite for all types of employers, including enterprises, individual economic organizations, state organs, public organizations and social groups, to become the subject of labor relations is that they must have the capacity to employ and the capacity to act. The so-called labor right capacity refers to the employer enjoys the right to use labor and bear the obligation of labor qualification; The so-called labor capacity refers to the employer can exercise the right to use labor and bear the obligation of labor qualification by their own behavior. This includes the ability to provide workers with the material, technical and organizational conditions to perform their work, and other conditions of labor safety and health that meet the national legal minimum standards, to pay labor remuneration, to pay social insurance and to assume corresponding civil liabilities. The employer's qualification as the subject of the labor legal relationship is generally dependent on its civil subject qualification, i.e., it must have its own name, domicile, property and organizational structure. The employer's right to work and the ability to act is usually based on certain legal procedures by its functional departments to exercise the agency.