The Viewpoint Of The Benefits Of Labor Contract Law And Its Achievement

The"Labor Contract Law"experienced successively two years modifies and successively deliberate an end a pedestal four times. It could say that the establishment of this law had not only concerned hundreds of millions labors'right and benefit of all aspects and all vocations , but also the management which was already a strata of our society. At the meantime ,the governments, labor unions and the labor intermediary organizations, which adjusted the labor relationship,their function and role definition were also had a deep impact. Generally speaking, this law had a great deepening and emendation, having important history meaning to the labor relation of the new harmonious period. But we have to consider it calmly behind the noisy, the benefits view principle appears so important for the sharp law weapon which protects the large workers who have a disadvantaged position in the labor relationships. I had been paying attention to the growth of this law, since the draft of this law was public. Especially its antinomy and the coordination which stand for different groups behind the law clause, it caused a great motion of the author. So this article discussed mainly at problems about the benefits view of this law.This paper is divided into four parts. The first parts of the"Labor Contract Law"interests were discussed. This issue in the entire labor contract law theories in the framework of the pivotal position. When answering the question "Labor Contract Law," the interests of this issue prior to the "Labor Contract Law," the legislation is based on the "Contract Law" or the "Labor Law" was discussed. There are two points to this. First, it is incorporated into civil law system, based on the worker and the employer in the equal status of assumptions, the parties called for giving equal undifferentiated labor. Another view affirming the "Labor Contract Law" legislation directly according to the "Labor Law" Therefore, the argument is in the interests of the labor contract between formal equality is a fact unequal "subordinate relationship." In the first part of the final, and the author of the domestic scholars on the "Labor Contract Law" on the concept of the interests of a summarized list, which focused on the "single-protection", the "double protection" of the content of the comparison summed up. Finally the authors to abandon the two on the basis of summing up the "Labor Contract Law" should take into account the interests of balance tilted protection and coordination, it should be protected as a means to tilt, the ultimate realization of the worker and the employer, the balance between coordination, and eventually realize Labor Law of real equality.The article described the second part of the "Labor Contract Law" on the tilt protection issues. First author of the labor contract law to protect the interests of the special nature of the conduct described. Pointed out that the right to work in people's right to subsistence and development, a significant meaning, and that "Labor Contract Law" is the inclination of the workers to protect, this is determined by the interests of workers enjoy the special nature of the decision. Next the author from "Labor Contract Law," starting with the specific provisions of the Act to protect workers tilt, specifically from the following aspects discussed. "Labor Contract Law," to expand the scope of application, the provisions of the labor contract deadline, in the form of labor contract issues, on the application of the perfect complement termination of the provisions of the labor contract system, as well as financial compensation for the termination of labor contracts related issues. Finally, for the protection of the labor tilt contract law, summed up the significance of the legislation. That is unique labor relations, because both employers and employees, is not essentially the same. Therefore, in this "labor contract law" in the interests of the workers the protection given to tilt it is appropriate and necessary.In the third part of the article I analyzed the "Labor Contract Law" in the balance of the issue of coordination. Tilt on the protection of workers is not to say that the interests of the employing units is not protected, contrary to only protect the interests of workers, the interests of the employing units can truly be protected. For workers in the "tilt protection" should also be the interests of the employing units from the perspective of a balanced coordination, both employers and employees to achieve genuine equality and real harmony. Competitive Restriction author from the protection of commercial secrets and relax employing units in accordance with the law to dissolve labor contracts and modify the conditions of the employment provisions of the unit staff reductions three tack "Labor Contract Law" for the legal protection of the employing units. But at the same time, "Labor Contract Law," inadequate, the author also discussed and discussed. For example, the operation and management of the employing units autonomy should be respected, labor law on labor contract to lift the economic system of compensation is reasonable, and so on. I believe that the labor contract law is the task of balancing the interests of both sides, both employers and employees into the contradictions and conflicts cooperation and establish harmonious and stable labor relations. In favor of the protection of workers, employers would also like to balance a number of interests, and should not harm the legitimate interests of employers. Therefore, the interests of both employers and employees are balance in this legislation must consider aspects.The article focused on analyzing the fourth part of the "protection and tilt the balance of interests" that I chose three perspectives on the analysis. First, from the employing units and the protection of commercial secrets Competitive Restriction start with the relationship, whether Competitive Restriction and commercial secrets will be linked to the dispute to give a positive answer. Next I put forward the labor contract and the termination of the perfect lift issue, the author had this extra attention and study. In the "labor contract law," specific provisions of the supplementary brief introduction, I believe that these additional requirements are necessary to not only be more effective at this stage in the resolution of China's labor legislation in the labor contract and termination of lifting the existing problems, Of course, we also need to continue to strengthen the legislative perfect. Finally the author discusses improving the functions of the trade unions. Trade unions in the building of a harmonious labor relations play a very key role, Therefore, we should seize the "Labor Contract Law," drawn up an opportunity to increase the role of the norms of trade unions, further improve the trade union organizations, and strengthen the trade union in safeguarding the legitimate rights and interests and to build a harmonious labor relations, and give full play to its maintenance workers interests, the building of a harmonious labor relations an important role. The strengthening of the functions of trade unions there are many ways and aspects, the author chose to strengthen trade unions signed labor contracts guide workers and the strengthening of trade unions and employing units collective consultation mechanism in these two areas as representatives discussed.In the final article, the writer thinks"100 secrets, a final dredging". The social changed in the reality of the situation quickly. Law may soon face backward in an awkward position. What we need to do. On the one hand, is introduced as soon as possible the implementation details of the corresponding, On the other hand is the worker and the employer's interests as much as possible in the course of implementing the law to be balanced. Not only recognize the labor contract law to favor the protection of the interests of the workers, but also to balance the interests of the employing unit's coordination, especially in relation to its internal management mechanism and the establishment of self-management areas should fully respect the rights of the employing units.