论工作环境权

On Working Environment Rights

工作环境权是在多重因素影响下形成的新型权利,其与传统的职业安全卫生权利之间既有密切联系,又有区别。工作环境权的权利人应为劳动者,义务人主要是国家和雇主,其内容可根据不同的标准予以体系化区分,学界则对其权利内容的界定存有广狭义之分。但比较而言,从狭义上将工作环境权界定为以"职工参与"为核心的集体性和程序性权利更妥。

Working Environment Rights （ WERs）, a newly formed right under the influence of numerous factors, is closely related to the occupational safety and health right, but is also differentiated with it. The subject of the right of WERs is the worker, and the corresponding subject of a duty is the state and employer. The contents of WERs can be systematized based on several criteria, and there is a divergence of opinion of scholars on coverage of WERs, however, comparatively, the contents of WERs mainly contain the collective and procedural rights with employee participation as the core.