First of all, workers' rights are:
1, workers enjoy equal employment rights.
The right to work, also known as the right to employment, refers to the right of citizens who have the ability to work to enjoy employment. Labor is the first basic condition of people's life, the source of all material wealth and spiritual wealth, and the right of citizens who have the ability to work to participate in social labor and ensure that they are paid according to their work. Citizens' right to work and employment is the basis for citizens to enjoy all rights. If citizens' labor cannot be realized, all other rights will lose their foundation and significance.
2. Workers have the right to choose a career.
Workers' right to choose a job means that workers choose a career that suits their talents and hobbies according to their own wishes. Laborers have the right to choose their jobs freely, which is conducive to giving full play to their personal strengths and promoting the development of social productive forces.
With the reform of economic system and the transformation of enterprise management mechanism, it is urgent to cultivate and develop the socialist labor market. Workers become the main body of the market, and workers and enterprises achieve employment through two-way choice. In the labor market, workers, as the main body of employment, have the right to control their own labor force, and can choose employers according to their own quality, willingness and market price signals. The right to choose a job is the embodiment of workers' labor rights and social progress.
3. Laborers have the right to receive remuneration.
The right to receive labor remuneration is an important labor right of citizens. China's constitution not only stipulates that citizens enjoy the right to work, but also gives practical material and legal protection to the labor rights of workers. The principle of distribution according to work clearly stipulated in our constitution is an important part of our economic system. At the same time, the constitution also stipulates that men and women should receive equal pay for equal work, and the state will improve labor remuneration and welfare on the basis of developing production. After the founding of New China, China formulated many laws and regulations on the wage system. Their implementation ensured the improvement of workers' living standards, mobilized their enthusiasm for production and promoted the development of production.
4. Laborers have the right to rest and vacation.
The Constitution of China stipulates that workers have the right to rest, and the state develops facilities for workers to rest and recuperate, and stipulates the working hours and vacation system for workers. The rest time stipulated in China's labor law includes work breaks, rest time between two working days, public holidays, legal holidays, annual leave, family leave, funeral leave, personal leave, maternity leave and sick leave. In recent years, China has made great adjustments to the rest system, from the original 48-hour working week to 44 hours. Shortening working hours is a means to improve the labor birth rate and also meets the needs of improving the living standards of workers. The legal provision of rest and vacation is not only an important guarantee to realize the workers' right to rest, but also an aspect of workers' labor protection. The Labor Law stipulates that the employer shall not extend the working hours at will.
5. Laborers have the right to labor safety and health protection.
Labor safety and health protection is to protect the life safety and physical health of workers, and it is the most direct protection of the vital interests of the subjects who enjoy labor rights. Because labor is always carried out in different environments and conditions, there are various unsafe and unsanitary factors in production. If protective measures are not taken, industrial accidents and occupational diseases will be caused, endangering the safety and health of workers. If the labor protection work is missing, the consequence is not the loss of some rights and interests, but the direct casualties of workers' health and life. For any laborer, life is the premise of exercising labor rights. Without life, it is empty talk to enjoy any rights.
The Labor Law stipulates that the employer must establish and improve the labor safety and health system, strictly implement the national safety and health regulations and standards, provide workers with a labor safety system that conforms to the national regulations, strictly implement the national safety and health regulations and standards, provide workers with labor safety and health conditions and necessary labor protection articles that conform to the national regulations, and provide special training for personnel engaged in special operations to prevent accidents in the labor process and reduce occupational hazards.
6, the right to receive vocational skills training
Vocational skills training refers to the education and training of technical business knowledge and practical skills aimed at cultivating their basic vocational skills or improving their vocational skills. According to the Constitution of China, citizens have the right and obligation to receive education. Education includes general education and vocational education. Citizens have the right to work, and the realization of the right to work cannot be separated from the workers' own professional skills. Nowadays, the acquisition of vocational skills depends more and more on vocational training. Without the right to vocational training, citizens' employment rights cannot be fully realized.
7. Right to social insurance and welfare
Social insurance is a social security system in which the state and the employing units provide material assistance to the workers with labor relations when they temporarily or permanently lose their ability to work and are temporarily unemployed, in order to protect their basic living needs. Sickness and death are inevitable for every worker, and social insurance is the objective need of labor reproduction. Since the establishment of social insurance system in China, with the development of production and construction, it has been continuously supplemented and improved, which has played an important role in protecting workers' health, relieving their backward interests and mobilizing their enthusiasm for production. China's labor insurance includes maternity, pension, illness, disability, death and support for immediate family members, and unemployment insurance is added to 1986. However, at present, there are still some problems in China's social insurance, such as the imperfect social insurance fund system, single insurance fund raising channel, heavy burden on the state and enterprises, limited scope of social insurance implementation, unbalanced development and low degree of socialization, which affect the rational flow of labor.
8. The right to submit labor disputes for settlement.
Labor disputes refer to disputes arising from the enforcement of labor laws or the performance of collective contracts and labor contracts by the parties involved in labor relations. As the main body of labor relations, the parties to labor relations will inevitably have differences because of their different interests. If there is a labor dispute between the employer and the employee, the employee may apply for mediation, arbitration and bring a lawsuit according to law. The labor dispute mediation committee is composed of employers, trade unions and employee representatives. The labor arbitration committee consists of labor administrative representatives, trade unions at the same level and representatives of the employing units. The principle of legality, fairness and timely handling should be implemented in solving labor disputes. Once a dispute occurs, the right to submit for settlement is also the guarantee of other legal rights of workers.
Second, what should the employer do if the employee does not sign the labor contract?
If the employer has not signed a labor contract with the employee, the employee shall pay attention to collecting and preserving relevant evidence of the establishment of labor relations between the two parties during the existence of labor relations:
1. Recruitment records such as the Registration Form and the Registration Form required by the employing unit when recruiting.
2. Various bills such as "deposit slip" and "seizure slip" issued by the employer for collecting the deposit or detaining the wages of workers.
3. All kinds of work certificates such as "work permit", "service certificate" and "door card" issued by the employer to the workers.
4. The "Wage Card" or other wage payment vouchers issued by the employer to the workers.
5. "Work clothes", "meal cards" and other things related to the employer issued by the employer to the workers.
6. Employee payroll, attendance record, duty watch, appointment letter, notice of termination of contract, notice of dismissal and other documents stamped with the official seal of the employer.
Three. Provisions on fair employment:
1. Clarify the responsibility of the government to maintain fair employment.
2, standardize the behavior of employers and professional intermediary.
3. Ensure that women enjoy equal labor rights with men.
4. Ensure that workers of all ethnic groups enjoy equal labor rights.
5. Guarantee the labor rights of the disabled.
6, to protect the equal employment rights of infectious disease pathogen carriers.
7. Guarantee the equal employment rights of migrant farmers.
Article 8 provides legal remedies for workers who are discriminated against in employment.
legal ground
Labor law of the people's Republic of China
Article 12 Laborers are not discriminated against by nationality, race, sex and religious belief.
Article 13 Women enjoy equal employment rights with men. When hiring employees, except for jobs or posts that are not suitable for women as stipulated by the state, women shall not be refused employment or the employment standards for women shall be raised on the grounds of gender.
protection of women and children of the people's republic of china
Article 41 The state guarantees that women enjoy equal labor rights and social security rights with men.
Article 48 The employing unit shall not reduce the wages and welfare benefits of female employees due to marriage, pregnancy, maternity leave and breastfeeding. Restrict the promotion, evaluation and employment of professional and technical titles and positions of female employees, dismiss female employees, and unilaterally terminate labor (employment) contracts or service agreements.
If a female employee's labor (employment) contract or service agreement expires according to law during pregnancy and maternity leave, the term of the labor (employment) contract or service agreement will automatically extend until the end of maternity leave. However, unless the employer cancels or terminates the labor (employment) contract or service agreement according to law, or the female employee requests to cancel or terminate the labor (employment) contract or service agreement according to law.
When implementing the national retirement system, the employing unit shall not discriminate against women on the grounds of sex.