On Reasons And Countermeasures Of The Implementation Of The Plight Of 《Labor Contract Law》

The purpose of the implementation of "Labor Law" in 1995 is to establish the labor contract system that is fit to socialist market economic system, , However, the problems such as a low rate of the labor contract, the contract period of short-term is very serious in the course of implementing,in order to further improve this system, to balance labor relations, and to strengthen the protective effect of labor contracts for workers ,"Labor Contract Law", after consideration for four times and democratic discussions for more than two years ,finally passed the Legislative Council. However, in the half-year period,that is the time form the passing in the Legislative Council to came into effect, the new law led to more than once large-scale community events to dismiss workers, and the disadvantaged status of workers did not has a substantive change with the promulgation of the new law, this legislation appears to led both employers and employees into a lose-lose embarrassing situation.In this paper, the contents is mainly about the the causes of difficulties that "Labor Contract Law" encountered in the implementation and analysis of solution-oriented, making independent of each other and interrelated research from three aspects including the workers, Governments as well as the employing units, Observing the real plight of the implementation that the main three parties faced to, expecting to analyse the reasons for the plight of the rights by the legal and social methods, and trying to establish a specific measures and better systems such as effective mechanism for tripartite consultation to ensure effective implementation of the new law.This article is focused on the following contents:I: Analyse the unequal and disadvantaged position of workers in the labor relations of the game, including the loss of the dominant position of workers, the weak of trade union's representation and the independence , as well as the limitations of mechanisms for dealing with labor dispute etc.;II: Analyse the limitations of the role of government in the labor relations, such as the passiveness and the lag of government oversight, the captive pf government supervision, and the defect of the government -oriented legislation, etc.; III: Analyse the polarization of employers in labor relations ,part of the employers has low law-abiding enthusiasm because of low- illegal-cost, and part to circumvent the law, part also has the dilemma when they express their interests, showing that employers faced to the new law also has its own difficulties;IV: Describe the reasons for this plight is far from establishing a tripartite interaction and consultations mechanisms on an equal footing in many game, and through establishing an effective and long-term tripartite consultative mechanism to fully straighten out the relationships in tripartite, and also analyse the active role that government should play in the relationships and the importance of enhance the capacity of collective game of workers.