The "Labor Law" is enacted and promulgated by the state in accordance with the Constitution in order to protect the legitimate rights and interests of workers, adjust labor relations, establish and maintain a labor system adapted to the socialist market economy, and promote economic development and social progress. law. In a narrow sense, my country'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; in a broad sense, the "Labor Law" 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.
As a basic law that safeguards human rights and reflects humanistic care, the Labor Law is even called the Second Constitution in the West. As an ordinary citizen or worker, you may never come into contact with criminal law, procedural law, etc., but the Labor Law is related to the lives of each of us, and we are protected and restricted by the Labor Law all the time. Whether we are ordinary workers or other workers, we should be aware of the basic rights and obligations entrusted to us by the Labor Law, perform our obligations, and safeguard our rights. It is impossible and unnecessary for each of us to become a labor law expert, but understanding basic "Labor Law" knowledge is necessary, economical and effective
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As an independent law Department, which emerged in the 19th century, is closely related to the emergence of the industrial revolution and the growing momentum of the labor movement.
With the gradual rise of the proletarian revolutionary movement in Western countries from the end of the 18th century to the beginning of the 19th century, the working class strongly demanded the abolition of the original "worker regulations" and the promulgation of laws to shorten the working day; it demanded increases in wages, Prohibit the use of child labor, provide special protection to female workers and underage workers, and implement social insurance. Forced by the above situation, the bourgeois government formulated regulations to limit working hours, thus prompting the emergence of labor laws. Britain passed the Apprentice Health and Moral Act in 1802, which was the beginning of modern labor legislation. By 1864, Britain had enacted Factory Acts that applied to all large industries. The "Factories and Workshops Act" enacted by the United Kingdom in 1901 made detailed provisions on working hours, wage payment dates and locations, and the establishment of a wage system proportional to the amount of production. Germany promulgated the "Prussian Factory and Mine Regulations" in 1839. France enacted the Factory Law in 1806, promulgated the "Law for the Protection of Child Labor and Young Workers" in 1841, and enacted the "Labor Law" in 1912. After entering the 20th century, most major Western countries have promulgated labor regulations one after another. For more than a hundred years after 1802, labor legislation in Western countries was separated from civil law and became an independent legal department.
Labor legislation before World War II. After World War I, due to the upsurge of international proletarian struggle, Western countries successively enacted many labor laws. Germany promulgated the "Working Time Law" in 1918, which clearly stipulated the implementation of an eight-hour work system for industrial workers. It also promulgated the "Unemployment Benefit Law", the "Worker Protection Law", and the "Collective Contract Law", all of which protected labor to a certain extent. interests of investors and appropriate restrictions on the rights and interests of capitalists.
By the 1930s, two different trends emerged in labor legislation in Western countries: one was the fascist countries represented by Germany, Italy, and Japan, which not only incorporated the laws and regulations that had been promulgated and implemented to improve labor conditions, Abolish one by one, and use labor legislation as a tool to realize fascist dictatorship and further control workers. The other is some countries represented by Britain and the United States, which have adopted certain concession policies for workers in order to get rid of the economic crisis. Between 1932 and 1938, the United Kingdom promulgated several laws to shorten the working hours of female and young workers, to implement annual leave reservations with wages, and to improve safety and health conditions. The National Labor Relations Act (Wagner Act) promulgated by the United States in 1935 stipulates that workers have the right to organize unions and that unions have the right to enter into collective contracts with employers on behalf of workers. In 1938, the "Fair Labor Standards Act" was promulgated, which stipulated the minimum wage standard and maximum working time limit for workers, as well as the method of payment of wages exceeding the time limit.
After the Russian October Revolution, the first "Labor Code" was promulgated in 1918, and a more complete "Labor Code of the Russian Federation" was re-promulgated in 1922, reflecting the transformation and transformation of the status of the working class. The state's attitude towards labor and workers. It completely separates labor law from the scope of civil law in the form of a code.