Research On The Flexible Employment Legal System

The flexible employment is the product of the transform of planned-economy towards market-economy. Thanks to the booming of industrial structure change, knowledge-based economy and technique economy, they bring vast development space to the flexible employment, government's supports, guides and encourages the flexible employment, business enterprises reply for market raise business enterprise competition ability and for "the labor elastification" request etc., together pushing the flexible employment group continuously develop.The establishment and consummation of the flexible employment legal system have great significance. Building up the flexible employment legal system is the guarantee of the market orders , the rights of the flexible employment workers, and is the inevitable request of nomocracy. The flexible employment legal system vails to promoting the integral whole, the industrialization of development progress, and be advantageous to business enterprise human resource and the development of management, also be advantageous to constuct diapason society completely, resolving unemployed problem, guaranteeing human rights.However, the flexible employment lawmaking in our country isn't perfect, still has no exclusively unify of flexible employment labor code of law up to now, only can see some provisions concerning the flexible employment in some sections and other law rulings, even for the flexible employment itself of definition standard and define method are also disunity, resulting in study and apply medium of confusion, can't satisfy law protection of reality demand.This text writes from re-definition to set out to the law of the flexible employment, combining modern employment guarantee theories and working in fair mechanism theories, drawing lessons from Australia, the United States, Canadian etc. countries experience, aiming at studying machine dogma and escape from actual phenomenon currently, to the flexible employment labor law relation of the concrete form carried on the comparison research of thorough system and comb, thus will divided into classes and categories carry on concrete analysis and study.The flexible employment is a double blade sword. It adapted a labor market turning of request, pushed strategic adjustment and town of economic structure to progress, satisfied various labor force needs of business enterprise, raised business enterprise and social efficiency, promote the changing of corporate culture and management system, renewed the employment idea of workers, open widely employment outlet, increment employment opportunities, and indirect exaltation worker of employment ability. At the same time, it also brought government, business enterprise and worker an all new challenge, such as the recessiveness unemployed and underground labor market, worker rights damaged etc. problems.Then it carried on a detailed study to the important law problems of macroscopic and microscopic views. Should resolve on the macro view of the whole society lacking exclusively unify of the flexible employment service system and management system, government lack to the flexible employment overall of program orchestration, the flexible employment laws guarantee system imperfection etc. problems; the microscopic view turns to microscopic, the law relates to protect corpus, have the heavy labor relation to legitimacy, the flexible employment law relates to labor time, the employment bias, occupation safety and hygiene protection, controversy processing mechanism and litigation mode, the flexible employment wages mechanism and the flexible employment work stability guarantee etc.This text put forward initial speculation for the flexible employment legal system. This text according to labor economics of the standpoint relates to system to carry on to the labor analytical structure, put forward for the flexible employment legal system have to synthesize consider politics, economy, law's etc. is various of cooperate influence of breaking and setting up. Then we do putting forward breaking theories obstacle, establishing the flexible employment law position; breaking lawmaking obstacle, guaranteeing the flexible employment law a relation of law position; breaking realistic obstacle and setting up the whole speculation of society supporting system completely. Including to learn to the economic ethics among them and the business enterprise social responsibility of appropriate lead, promoting the business enterprise value be changed towards the legitimacy mechanism by the efficiency mechanism; the establishment of " the super hour subsidize system"; perfect the lowest wages system and the tallest man-hour system; aiming at the flexible employment a worker labor relate to income not fix, work time not fixed characteristics, building up the whole society vivid work personal circumstance register allied net system; applying social layering structure theories to the flexible employment the study of corpus problem; drawing from international labor standard with vivid employment policy to vivid employment worker of guarantee; The current labor controversy handles institutional irregularity increasingly obviously, "cut first behind review, arbitrate ago place" system will be a great part of labor controversy the countercheck relieving out of the law , and the efficiency is so low of the perfection when the flexible employment dispute in a processing problem; drawing lessons from Holland, Italy in the policy choice mechanism, Denmark etc. experiences of national" make a big piece of cake", and providing a the flexible employment information for the job seekers, providing to the employment consultation of aiming at sex the service, providing the employment training services for the job seekers. The way which adopts study and works to combine together sets up the flexible employment management system of the employment organization with smoothly employment policies circulates mechanism etc. ."Stabilize is truly valuable, the safe price is higher, if the bowl is past, both all can be throw." The topic of valuing stability, safety, vivid of textual end to the flexible employment ,this abyss of time carries on a study, this kind of lacks the mindset of stability and safety to the works are familiar among many , we should lead it into the system frame of a vivid and safety time. Mission and target for an occasion was definitely, wanting to build up a kind of excellent modern labor market mechanism, considering all factors of vivid, stability and safety. Be working stable people's livelihood of originally, a great part of the flexible employment workers working of the purpose returning stay around for satisfy basic life needs in China, the flexible employment pursued should not be the stability of form, but should pays more attention to currently substance of vivid beyond employment the degree of extensive and stability; and labor lawmaking also shouldn't rules and regulates only the stable form of labor employment, but should pay attention to the diverse of laboring and working forms, also guarantees to promoting the widely-existing degree and stability of the flexible employment.