The Function and Realization of Labor Rights in the Labor Code System

TIAN Silu & WU Yang

Abstract: The fundamental right-based and human right-based nature of labor rights forms the subjective and objective theory of labor rights. The derived objective protection function and subjective realization function constitute the theoretical basis of the labor code system. The objective function of labor rights requires the labor code to provide corresponding institutional guarantees, while the subjective function demands that the code ensure the full realization of labor rights. The dual functions of labor rights are reflected in the structural framework and content logic of the labor code separately: on the one hand, labor rights can serve as the structural thread for narrating and systematically organizing the labor code, with the specific types of labor rights protection and functional systems jointly forming the framework of the code; on the other hand, the content arrangement of the labor code is guided by the value of realizing labor rights, exploring the pathways for the code’s realization of labor rights in different situations.

Keywords: labor rights · labor code · labor rights protection · labor rights realization · systematization