Research Of The Legislation Trend Of China's Employee Secondment Law From The Perspective Of The Principle Of "Three Natures"

Although the employee secondment practice was newly introduced into China, it has achieved very rapid progress so far. In the meantime, many problems occured along with its rapid development. The Labor Contract Law promulgated on January 1, 2008 contains 12 provisions which specifically address the employee secondment issues in order to regulate the employee secondment practices and to protect the employees'rights and interests. However, certain ambiguous provisions in the Labor Contract Law have given rise to new problems. The Implementation Rules of the Labor Contract Law tried to interpret such ambiguous provisions, which also caused new debates. Some problems were identified before the promulgation of the Labor Contract Law, while some issues were raised after the Labor Contract Law. Therefore, the debates regarding the employee secondment issues continued despite the issuance of the Labor Contract Law. Particularly, the"Three Natures"of the employee secondment, i.e. the scope of employee secondment, due to its significance to the employee secondment practice, is widely debated. This issue could reflect the legislator's attitude to the employee secondment practice and selection of the legislation mode. The ambiguity in respect of the employee secondment theory and legislation mode adopted by the legislators caused many problems. However, the academics are more concerned about how to supplement and amend the current laws and the research on the legislation mode is largely ignored. The author believes that the legislation mode issue is the key to the solutions to all the other issues. The issues and problems can be finally resolved only if the employee secondment matter is analyzed from the perspective of its development trend. This thesis analyzes the employee secondment legislation development and current status, the implementation of the Labor Contract Law and its implementation rules and the employee secondment regulations in other countries and tries to further clarify the development trend of China's employee secondment legislation.The outline of this thesis is as follows:The first chapter introduces and analyzes China legislation in respect of the scope of employee secondment, summarizes the views held by different sides and concludes the principles and views stuck by the legislators in the process of employee secondment legislation.The second chapter introduces the process of the employee secondment practice development in China, which will facilitate the understanding of the changes in the scope of employee secondment.The third chapter introduces the employee secondment practice and relevant legislations in foreign countries and regions, such as United States, Germany, Japan and Taiwan.The fourth chapter analyzes the principles followed by China's legislation from the perspective of"Three Natures". This chapter introduces the current status of the employee scondment practice and analyzes the principles adopted by Chinese legislators. The legislators are inclined to restrict the employee secondment practice. In the contrast, the principle of"Three Natures"are in a much softer position to lessen control on the employee secondment practice. This conflict has caused the ambiguity in the employee secondment legislation trend.The fifth chapter analyzes the legislation trend of China's employee secondment law. On basis of the development history of the employee secondment practice and the current legislations, it is concluded that the legislation trend of China's employee secondment law is"less control and restrictions". The principles of the employee secondment law is also briefly analyzed in this chapter.