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A Research On Legal Regulation Of Post Adjustment By Employers

Posted on:2012-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:2166330335963179Subject:Law
Abstract/Summary:PDF Full Text Request
Internal Labor Market is the direct research object of Human Resource Management in enterprise. Comparing with the affect from External Labor Market to market economical order, Internal Labor Market is ordered looser by State Intervention. Adjusting working post is one of the common manners in the Internal Labor Market management. It can content with the needs of culturing Diversity talents, and also reducing the working conflict from all department in enterprise, promoting the efficiency of human resource management. However, at present, part of employers could not play the function of adjusting working post in a correct way. Instead, they revise working post incorrectly or unreasonably by taking advantage of the loophole and blank space of legislation. The benefit of worker was damaged include of freedom of employment, income, professional development and family life, but not limited above.Adjusting working post is needed to regulate urgently. But the norms of labor legislation is limited. Based on the complexity of actual operation in adjusting post and the limited of intervention from labor legislation, law can't and also shouldn't cover everything in detail to the adjusting working post. At this point, justice should play its role to make up for gaps in legislation. Administration of justice should discrete reasonably to the point of adjusting working post in accordance with reasonable and legitimate standards, while ensuring the rights of workers, but also take into account the interests of the employers.Through the research on related labor legislation and judicial cases, the writer analysis the basic principles of labor law, labor law values, the economic function of labor law as a starting point, references reasonably the extra-territorial legal theory and practice such as Japan, Taiwan, Germany, Sweden, and puts forward the legal regulation of adjusting working post for the current state of the labor market in China. Paper is divided into body and epilog. The body consist of four chapters as follows:The first chapter is an introduction. The introduction start with one case, which raises major issues of this study, then take a brief analysis of research background, research value, current status.The second chapter introduces the concept and the main types of adjusting working post. Through comparative analysis of the concept and type of distinction, further deepen the knowledge of behavior and the behavioral methods, and also make a clear scope of this study, provide multi-angle, multi-level research dimension.The third chapter analyzes the problem of adjusting working post standards in legal standards and justice. First, through the analysis of the relevant legislation and the reality, writer draw the conclusion that the broad of labor legislation and the complexity of the operational requirements is contradictory. Second, with the research of three cases related to adjusting working post, analysis and finally summarize that the norms of adjusting working post in adjusting is unitary, and needs to be promoted imperatively.The fourth chapter is the conclusion of this article. The defining of adjusting working post Standards needs a research in behavior right as a precondition. Firstly, I analysis the legal basis for the adjusting working post, to find the history traces of right for adjusting working post. Then, through the study of theory and practice related to adjusting working post in Japan, Taiwan, Germany and Sweden, choose the labor law principles, values.economic function and so on as the study path, analysis a localized behavior standards. Meanwhile, I put forward some methods as advice to identify the behavior for abuse of the adjusting post right, which is a common phenomenon about employers,to make the standards more operational and more perfect.The epilog part is the summary on the write methods and some shortage. Meanwhile, as for the resolving of adjusting working post, more expectations should be raised.
Keywords/Search Tags:adjusting working post, the right of adjusting post, labor law, rationality standards
PDF Full Text Request
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