劳动权利能力的三重限制

Triple Limitation of Capacity for Labor Rights

与民事权利能力始于出生、终于死亡,几乎不会受到什么特殊限制不同,自然人的劳动权利能力受到社会法上的三重限制:第一重限制,基于侧重保护劳方权益的维度,有必要设定判断自然人是否处于适宜劳动年龄的标准。劳动权利能力始于自然人达到法定最低就业年龄且接受完法定年限的义务教育。第二重限制,基于适当兼顾资方权益的维度,有必要确立评测自然人是否具有剩余劳动能力的依据。劳动权利能力终于自然人开始依法享受基本养老保险待遇或领取养老金,劳动者因病或非因工致残、或者因其他法定或约定事由致使劳动能力完全丧失的,劳动权利能力提前终止。第三重限制,基于实现社会公共利益的维度,应当制定劳资双方都必须遵循的基本劳动标准,双方的意思自治都受到外在拘束。

Capacity for civil rights begins with birth and ends with death, which has almost nothing to be restricted particularly, what is in difference with it is that capacity for labor rights of natural person has been restricted tripe limitation of social law. The first limitation is that the standard to judge whether natural person lies in appropriate labor age is needed to be established on the basis of dimension of extra protection of rights and interests of employees. Capacity for labor rights begins with that natural person reaches minimum legal age of employment and has accepted complete compulsory education of legal age; The second limitation is that the accordance to evaluate whether natural person has residual labor ability is necessary to be established on the basis of dimension of due consideration of rights and interests of employers. Capacity of labor right of natural person ends with beginning to enjoy basic benefits of his pension or receive pension, and it will be terminated in advance if employees has lost labor capacity totally for the reason of disability caused by injured or sick, or other subjects of statutory or agreed. The third limitation is fundamental labor standard which must be followed by labor and capital should be stipulated on the basis of dimension of realization of social public interests, and the autonomy of employer and employee should be affected by external constraints both.