The Function Of The Labor Contract Law And Its Implementation

Introduced in 2008,"Labor Contract Law" give the necessary protection of workers rights and interests,which can be a good law for protect the weak person.This law basically to balance the interests of Country,Enterprises and labors.But to some extent, "Labor Contract Law" has many problems,which makes Enterprises avoid compliance, with the result that the labor contract law,the realization of reduced co-ordination.So it does not fundamentally solve the problem.The whole spirit of the "Labor Contract Law" is protecting of the legitimate rights and interests of workers,but actually it is intent to balance the interests by the tendency of protecting the labor.This paper based on the idea of survival,the direct labor contract law and legal justice analyzing the spirit of the "labor contract law" is right and scientific. as well as analyzing obstacles to the realization of the current functions,in order to propose specific measures to realize the function of the labor contract law to balance the interests of workers and business interests.For example,this law enacts the good faith obligation of Enterprises and labors dose not equal.Another example,"non-fixed term labor contract" can best embody the tilt in the protection of workers rights and interests of the terms of intention in the "Labor Contract Law",but this provision does not work owing to the circumvent of the unit.The first requirement of the "non-fixed term labor contract" is that the laborers have to work for ten years in the unit,e.g.company,institute, etc.The third requirement is that the laborers have to have twice continuous fixed term labor contract.Therefore,the units for the first condition are often not satisfied with the workers to sign labor contracts for 10 years.For the third condition,the labor contract will no longer be renewed.In addition,this paper also sets out a new view that the "Labor Contract Law" tilted to benefit from the protection of workers is not only workers and employers are also beneficiaries.Workers exist in the same community of interests-business.Labor loses, employers will also be ruined.Enterprise development,employers and workers can benefit,if the company went bankrupt,both victims.Each other's existence achievements of its own interests,the interests of workers to special protection,in order to improve labor and production workers enthusiasm and creativity,to improve the efficiency of employers and to create more and greater economic efficiency of enterprises.It can also provide greater spending power and consumer markets.From the enterprise interests and the interests of consistency analysis,discusses the support from businesses also contribute to a sense of realization of the interests of workers,but due to the advantages of corporate status of a labor contract law alone can only from the surface to achieve the protection of the interests of workers,To achieve a real sense from the protection of workers also depends on the law and other relevant departments to improve the legal system.At the same time,this article also raised the need to support the enterprises to achieve the legitimate rights and interests of workers can not achieve through their own strength,the only way is to state intervention.