试论我国劳动法与“国际劳工标准”

On China’s Labor Law and the International Labor Standards

摘要: 国际劳工组织是联合国所属负责劳工事务的一个专门机构，其制定的“国际劳工标准”被国际社会普遍接受和认可。我国自加入国际劳工组织以后，结合我国国情，签订了遵照执行的相关协定，并对国际劳工组织的章程和《宣言》始终不渝地贯彻实施。我国的《劳动法》、《劳动合同法》的大部分条款与“国际劳工标准”并无二致，但我们需要不断地努力，使我们的劳工制度更加健全与完善。为此，我们必须发展科学技术，转变产业结构，以提高劳动力价值；同时进一步健全完善“劳动三权”制度，进一步健全完善劳动执法体系，进一步就劳动关系加强国际间的交流和合作。

Abstract: The International Labor Organization, ILO, is a specialized agency of the United Nations in charge of labor matters and the International Labor Standards it set were generally accepted and recognized by the international community. Our country since joined the ILO, combining with China’s national conditions, had signed relevant agreements to comply with, and unswervingly implemented the ILO Constitution and Declaration. No such difference was found between most of the clauses in China’s Labor Law, Labor Contract Law and the international labor standards, but we still need to constantly strive to improve and perfect our labor system. To this purpose, we must develop science and technology, make changes in the industrial structure in order to bring much value to labor; and also further improve and perfect the "three labor rights" system along with the system of labor law enforcement, further strengthen exchanges and cooperation on international labor relations at the same time.