The Kunming Area Carrying Out Labor Contract System Faces Question And Countermeasure Research

In January, 2008, "the People's Republic of China Work Law of contract" has implemented, from 1995 "People's Republic of China Labor law" implementation to today "People's Republic of China Work Law of contract" the implementation, a chief purpose is carrying out take the written work contract as the foundation labor contract system. The author thought: The carrying out labor contract system, the effect has not been for many years good, the question is serious, solves the problem also to need to analyze from the labor contract system itself. How the inquire deeply analysis to carry out the difficult reason in the carrying out labor contract system, and proposes the corresponding countermeasure, is question which this article needs to study.According to author's practical work experience, unifies the Kunming present situation, through to the Kunming labor contract carrying out situation present situation sampling survey form's statistical analysis, this article draws the following main conclusion:The Employer and the labor are the work relate both sides not to be able the very good implementation labor contract system's primary cause to be, the labor contract cannot become the Employer human resources management work the effective measure, cannot become the adjustment work relations and the effective standard work relates both sides rights and obligations relations the legal measure, the work relates both sides not to have the enthusiasm regarding the sign labor contract.According to the above proposes the establishment new labor contract system's countermeasure: Should completely from the civil law angle ponder work relations establishment and the coordinated question, regarding the short-term work relations, the permission work relates both sides according to the meaning autonomous civil law principle completely independent establishment work relations, the government does not give the intervention completely, the form in did not ask. Establishment work employing labor which controls completely by the government sets up a file the system is a foundation, must establish not fixed deadline employment relations by the form free short-term labor contract system and under the controlled condition and must sign the written form labor contract our country complete labor contract system which unifies for the request not fixed deadline labor contract system. This kind of new labor contract system may the very good solution existing labor contract system's form ossification, operational not be strong, the work relates both sides not to be able the true labor contract system coordinated work relations question, may this kind of pattern form the complete labor contract system to solve all sorts of problems which the current carrying out labor contract system meets.