Value Of Autonomy Of Will For Labour Relations

From the point of protecting ordinary labourers, the establishment and implement of labor law conform to current national condition with the concept of building a harmonious society.With the obvious growth of economic growth in China per annum, the development and change of labour market will accelerate the trend. This makes making control policies to intervene in labor relation for economic management face the difficult situations that several positive changes and adverse situation are in inverse proportion, short-term problems and long period conflicts are intertwined, domestic and global factors influence each other. Since China has a vast territory, regional difference, especially the economical and cultural difference between regions are large, we need to enact new law to meet the needs of economic development continuously, and inevitably encounter with some problems which require further clarification in judicatory practice process, at the same time there are some contradictions that not be suitable for the constant change of economic situation, market environment.Now the trend that our labor legislation is based on ideas of protecting ordinary labourers does not change. Though the property that labour contract itself belongs to the intersubjective rights and obligations with equal legal status is undisputed, the opinion that to the ordinary labourers who share the majority of markets, no matter in getting information, economic capability or self-protection ability, lawmakers and governors are placed in the minority position. This is fully embodied in the relevant provisions of fundamental principles, statutory provision, methods of bearing default responsibility that tend to protect labourer in current labour laws. And in order to put these provisions into practice, avoid the employing unit excluding the application form the view of " Contract shall follow the autonomy of the party and contract freedom principle'', during the conclusion of the contract, the possibility that the autonomy of will can remove legal rules is limited.I believe that the current labor relations are tending to be complicated and diversified.The current basic situation of our ordinary labourers oversupplying can not be fundamentally changed in the long term, but as protecting the broad basic labourers, the effect of workforce gradual development on employing unit shall also be considered, leaving enough room for party autonomy of the labour relation which is established by employing unit and labourers out of current service period, non-competition, probation period and other legal norm, so as the labor law can have a better adaptability for the needs of social operation and development.I believe that form the mutual consultation perspective of rules and regulations of the employing unit and collective contract, it can opens up a path which will protect basic labour right, and in consideration of labour relations to establish party autonomy for reflecting flexibility. Coincidentally, now our relevant department is ready to boost the coverage rate of collective contract while regulates the rules and regulations construction of employing unit. I hope to discuss and explore the role of party autonomy in labour relations, and the available methods with practical significance through the studies and analysis of current labour legislation, from the perspective of labour contract negotiation, signing, performance and termination based on the angle of civil law autonomy of will and freedom of contract.