The Study On The Legal Regulation To The Acts Of Evading The Labor Contract Law Of Employers

The enact and execution of the labor contract law of the Chinese republic of china is a grand affair, which is a great enhancement to the protection of the labor's rights and a great help to the establishment of the harmonious and stable new labor relationships. But some of employers twist the legislative spirit of the labor contract law, so all kind of acts of evading law happen. The evading of the labor contract law is that the employers intend to evade obligatory, forbidding and punitive regulations in "legal" ways to escape or lessen their legal liabilities to the employees. The evading acts with illegal is nullifying, it is usually hard to determine for its legal or neutral manifestation. There are various complicated acts of evading laws in practice, especially the ways of the evading of signing fixed-term contract without expire, such as, the employee dispatch, appointment secondmend, the sign of service contract instead of labor contract, recruitment after the expire of the labour contract, alteration of the time of the labour contract and changing of the main body of the contract. There are also these acts, such as, No recording for extra work, six days on and one day off, no equal pay for equal work, malicious removal of post and pay. The acts of evading the labor contract law of employers do great harm to the society, the effective solutions are necessarily needed to regulate the acts of evading law by the administrative and judicial authorities under the complete legal system, to maintain the socialist market economy order and protect the labor's legal rights and guarantee the establishment and development of the harmonious labour relationships. It is necessarily needed to do some actions to consummate legislatives, such as: Regulation of work contract and the appointment secondmend , and judicial interpretation for some articles of the labour contract law . Many measures are used to regulate the acts of evading the labour contract law , such as : The enhancement of the labour supervise and execution, the administrative measures of labour arbitration, the perfect of the labour union, coordination of the trigonal mechanism.