1. The Constitution is the fundamental law of the country, which has the highest legal effect and is the legislative basis of the labor law. As the basis of labor law, the principles and provisions in the constitution, such as the provisions on ownership and the provisions on the basic rights and obligations of civil subjects, are not only the legislative basis of labor law, but also the legal norms to adjust the relationship between labor law.
2. Labor Law 1 994 The Labor Law of People's Republic of China (PRC), which was adopted by the Eighth Session of the Standing Committee of the Eighth National People's Congress on July 5 and officially implemented on June1995+1October1,is the basic law in the legal department of labor law and the most important and basic embodiment of labor law.
3. Other laws include laws formulated and promulgated by the People's Congress of the State of Jin and its Standing Committee that specifically regulate labor relations, such as the Law on Trade Unions in People's Republic of China (PRC) and the Law on Industrial Enterprises Owned by the Whole People in the State of Jin in People's Republic of China (PRC), which stipulate many contents about the rights and obligations of enterprise employees, trade unions and workers' congresses.
4. Administrative Regulations According to the Constitution and laws, the State Council has formulated the Regulations on Unemployment Insurance, the Provisional Regulations on the Collection and Payment of Social Insurance Fees and other administrative regulations.
5. Local Regulations The people's congresses and their standing committees of provinces, autonomous regions and municipalities directly under the Central Government may, on the premise that different constitutions, laws and administrative regulations are inconsistent, formulate local regulations according to the specific conditions and actual needs of their respective administrative regions. The people's congresses of larger cities and their standing committees may, according to the specific conditions and actual needs of this city, formulate local regulations on the premise that different constitutions, laws, administrative regulations and local regulations of provinces and autonomous regions are in conflict, and report them to the standing committees of people's congresses of provinces and autonomous regions for approval before implementation.
6. Rules include departmental administrative rules and local administrative rules of the State Council. Departmental administrative regulations are normative labor documents formulated by the labor administrative department of the State Council and other relevant departments within the scope of their functions and powers, such as the Interim Measures for the Administration of Social Insurance Registration issued by the Ministry of Labor and Social Security. Local laws and regulations refer to the normative documents formulated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and larger cities according to laws and administrative regulations, which are generally applicable to labor management in the region.
7. Judicial Interpretation Judicial interpretation refers to the Supreme People's Court's explanation on how to correctly apply labor laws and norms in the trial of labor dispute cases. According to Article 33 of the Organic Law of People's Republic of China (PRC) and Article 2 of the Resolution on Strengthening Legal Interpretation adopted at the 19th meeting of the Standing Committee of the Fifth National People's Congress, the Supreme People's Court explained the specific application of laws and decrees by the people's courts in the trial. The Supreme People's Court's judicial interpretation of the labor law is a universally binding interpretation, which is of guiding significance to the trial of labor dispute cases in Jin State and is the basis for the people's courts at all levels in Jin State to try labor dispute cases. Therefore, the Supreme People's Court's interpretation of labor laws and regulations is also an integral part of the origin of labor laws.
8. The international labour conventions ratified by the Government of China and adopted by the International Labour Organization must be ratified by member States before they can be implemented in member States and have legal effect. China is a member of the International Labor Organization, and all international labor conventions ratified by our government have legal effect in our country, and become an integral part of our labor law, so it is also one of the manifestations of our labor law. For example, in September 1987, China ratified 1983 Vocational Rehabilitation and Employment (Disabled Persons) Convention (namely 159 adopted by the 69th session of the International Labour Organization on June 20th, 983).