Labor Law Theory and Practice

Author: Li Jianfei
Publisher:
Publish Date: 2004-02-01
Features: Chapter 1: Basic Principles of Labor Law
Section 1: Overview of Labor Law
1. The Concept of Labor Law
Labor law is a general term for legal norms that regulate labor relations and other closely related relationships. It is an important independent department within China's socialist legal system. The purpose of formulating labor law is to regulate labor relations and other closely related relationships through legal means, in order to protect the legitimate rights and interests of workers, establish, maintain, and develop stable and harmonious labor relations between employers and employees, and promote economic development and social progress. Since the 19th century, when labor law emerged with its unique role in stabilizing labor relations and promoting socioeconomic development, its status and significance have been widely recognized by countries around the world, leading to rapid development globally. Regarding the meaning of labor law, the Oxford Dictionary of Law defines it as "all legal principles and rules related to hired labor, roughly equivalent to industrial law." It governs legal aspects of employment contracts and labor or industrial relations. In his General Theory of Labor Law, Shan Shangkuan defines labor law as "the law relating to labor." More specifically, labor law is the entirety of the legal system that regulates labor relations and all related aspects. ① In terms of content, it includes the employed and the employer in labor relations, as well as employment contracts and ① (Oxford Dictionary of Law), Beijing: Guangming Daily Press, 1988, p. 51. ⑦ Shan Shangkuan: General Theory of Labor Law, Shanghai: Zhengda Publishing House, 1934, p. 1.