The Research On The Legal Regulation Of Labor Relations Stability

Labor law should take the pursuit of labor relations stability as its legislation objective. Anyway, what labor relations stability should be, what selection should be made between labor relations stability and free-flow of labor force, how to make labor relations stable through legal regulation, these are the questions which we have to further ponder. In the times of the planned economy which the labor relations is absolutely stable, there was no need of applying legal systems to regulate the labor relations for maintaining its stability. However, in the process of the marketability economy reform, the reform of marketability labor system began in"three irons"(secured job, iron armchair, hard wages), the situation of the instability of labor relations in our country is more and more serious. The unstable situation makes great threat to the economic development and the society's harmony and stability. Inquiring into the reasons, there are some reasons caused by labor relations itself, and also some reasons caused by outside factors, among which the lack or the flaws of legal systems is the key factor. Therefore, the reasonable legal systems should be designed to regulate the labor relations for the purpose of realizing moderate stability. This is not only the mission of the legal systems entrusted by the times, but also the proposition of the dissertation.The basic clue of the dissertation is proposing questions, then analyzing and solving them. The writing of dissertation is in accordance with the clue of"what","why"and"how", that is to say, what labor relations stability is, why we apply the method of legal regulation, and how to regulate labor relations and make it realize the status of moderate stability.The mechanism for labor relations stability involves not only the legal systems of the establishment and the running of labor relations, but also the legal systems of the supply-demand balance of labor force before the establishment of labor relations. Considering that different legal systems regulate labor relations in different layers, before the establishment, in the establishment and the running process after the establishment of labor relations, all these legal systems play an important role of regulating and realizing labor relations stability, including the legal systems of promoting the supply-demand balance of labor force, the legal systems of labor contract, the legal systems of collective contract, the legal systems of labor dispute resolution. Therefore, the legal regulation of labor relations stability should be carried out in these systematic layers, and the status of all-around moderate stability should be made. Based on the feature of continuity of labor relations stability, the concrete construction of relative legal systems should lay emphasis on the ability to maintain the continuity of labor relations.The legal systems of promoting the supply-demand balance of labor force before the establishment of labor relations can set up a favorable environment for labor relations stability. In order to promote the supply-demand balance of labor force, then to make the whole labor relations stable, the construction of the system of employment promotion, the system of social security and the system of counter-discrimination in labor market should be strengthened.The legal systems of labor contract that regulate the establishment and the running of labor relations are the important systems of stabilizing labor relations. Whether labor relations is stable has close correlation with the employee's and the employer's choices in the aspects of the contract term, revocatory, suspension, responsibility of breach. So, the right of choice of the subjects of labor relations should be regulated in order to attain the balance of moderate stability of labor relations.The effect of collective contract is preferential to the effect of labor contract, so the legal systems of collective contract that regulate the running of labor relations are the indispensable important process of stabilizing labor relations. Based on the safeguard of the laborer's rights to union, collective bargaining, collective action, and in the conditions of power balance and equal consultation between the subjects of labor relations, moderate stability of labor relations can be safeguarded to the full.The legal systems of labor dispute resolution build up the remedial measure for interest dispute and right dispute between the subjects of labor relations, and become the important stabilizing mechanism for labor relations. The construction of the systems of interest dispute and right dispute according to the principles of justice, convienence and rapidity can effectively maintain moderate stability of labor relations.