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Hunan Implement The "Labor Contract Law" Difficulties And Solutions Research

Posted on:2011-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z D XuFull Text:PDF
GTID:2166330332484861Subject:Law
Abstract/Summary:PDF Full Text Request
June 29,2007, the "PRC Labor Contract Law" (hereinafter referred to as the "Labor Contract Law") by the twenty-eighth session of the Tenth NPC Standing Committee examined and approved, from January 1,2008 shall come into force. It is in our labor law system is an important position, is to regulate labor relations on the basis of the law, marking the improvement of labor protection in the legal system has taken an important step. Its promulgation and implementation of labor protection in the legal system in China has an important practical significance. First, the Labor Contract Law clearly values the protection of workers, is conducive to safeguarding the legitimate rights and interests of laborers. Second, the labor contract law defines the rights and obligations of both sides of labor relations, helps to reduce labor disputes, build and develop harmonious and stable labor relations. Times, the labor contract law was passed to build and develop harmonious and stable labor relations, and promoting harmonious social goals.From the practical level, the community's social perspective from a different interpretation of the "Labor Contract Law", and around the impact of the Act, a heated discussion. The author of scientific concept of development as guidance, to truly reflect the "Labor Contract Law" situation as the goal, open investigation, private visits, interviews, online, Changsha, Hunan Province, Xiangtan City, Yueyang City, Shaoyang City and other places representative of the state-owned enterprises, joint ventures, private enterprises, institutions, labor and social security departments, the Judiciary conducted an investigation and found that from the "Labor Contract Law" in Hunan Province, the implementation of the process, the practical operation problems and the Difficulties have significance beyond the scope of the law itself, but the entire "legal", "rule of law" and "system" influence each other. "Labor Contract Law" status from the spirit of the legislation there is a big gap.The author on the basis of investigation, concludes that "Labor Contract Law" in the province is facing the implementation of the labor contract itself flawed, weak legal consciousness of workers, the labor administrative supervision over law enforcement is not enough, not enough to play the role of trade unions, the labor contract to be specification, the implementation of the employer is not positive enough, and many other difficulties. Finally, there are many problems, speed up the improvement from the "Labor Contract Law" and its supporting legal system, and to improve workers rights awareness,.improve the labor administrative enforcement mechanism, strengthen the supervision and inspection, improve coordination of trade unions, the appropriate introduction of small and medium enterprises exemption mechanism to increase efforts at all levels of organizations to promote the comprehensive maintenance of the "Labor Contract Law," the authority of the angles corresponding recommendations to solve problems in order to promote the "Labor Contract Law" in the province to provide reference to the smooth implementation.
Keywords/Search Tags:"Labor Contract Law", Implementation difficulties, Solution
PDF Full Text Request
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