Research Of Interest Balance In Labor Relations

"Labor Contract Law" on January 1, 2008 began the implementation of the whole society, which is the development of economic and social development of the law a necessary requirement. Labor relations and because of their particular personal attachment of and property dependent, determines the "Labor Contract Law" with the general "Contract Law", compared with a certain degree of particularity. Set in the legal provisions and in the concept of choice has its own uniqueness. This paper attempts from the "Labor Contract Law," the special nature of proceeding dealt with the "Labor Contract Law," in safeguarding the interests of both labor relations and the necessity of balancing particularity and listed the "Labor Contract Law," the specific provisions on this basis, analysis of the balance of interests in the "Labor Contract Law" obstacles in the implementation process factors, and on this basis, further improve the "Labor Contract Law" to protect the "Labor Contract Law," the implementation of measures is intended to enable the two sides of labor relations interest from the paper to achieve real balance in the balance, work together to build a harmonious and stable labor relations. This paper is divided into four parts of a discussion.The first part is to balance the interests of the labor contract law values. This section includes the balance of interests is the law of value orientation of the special nature of labor contracts and the "Labor Contract Law" and the way the pursuit of balance of interests. Balance the interests of the general law in pursuit of common values, the balance of interests is a kind of orientation is particularly evident in legislation is all about. The expansion of rights and rights abuses of the need for an effective mechanism for social opportunities to stop such conflicts, so that the power and rights, rights and the rights, interests and conflicts between the interests of adjustment and control to achieve a balanced state, balance of interests as the ultimate task of the law are also arising. "Labor Contract Law" in labor relations and labor contracts signed by both parties of contracts in general compared to a certain degree of particularity. The labor contract is the result of the exchange of capital and labor, capital and labor inherently unequal, and therefore the main body of workers and the employing unit status is also unequal, the right to freedom of choice of workers also has certain limitations, so that attached to the labor contract All of a contract with the original contract is not the same and, therefore, the "Labor Contract Law" in adjusting the balance between the interests of both labor relations and the approach taken has its uniqueness. "Labor Contract Law," The basic principle is that by tilting the two aspects of legislation and the protection of the weak composition. On the surface, "Labor Contract Law" seems to implement a kind of unequal treatment, but this inequality is inherent in labor relations and inequality determined. To protect the weak, namely through the tilting of the imbalance in social relations and make the necessary correction, in order to mitigate this inequality to achieve substantial balance between the interests of both labor relations.The second part discusses the balance of interests in the "Labor Contract Law" in the specific provisions. This part is divided into non-fixed term labor contract, the liquidated damages provision, safeguarding rights and interests of migrant workers legal provisions, with regard to the provisions of the labor contract to lift four aspects. Non-fixed term labor contract is the "Labor Contract Law" innovations, non-fixed term labor contract is more conducive to the protection of workers against the pursuit of purely economic interests of the employing unit and the physical decline of older workers are no longer used. Liquidated damages clause of the provision is to protect the rights of workers to protect the free movement of labor, the worker's basic right to freedom of labor determines the "Labor Contract Law" and does not use "Contract Law" on the liquidated damages provision, but limited the labor contract on the liquidated damages provisions. But the liquidated damages provision taking into account the interests of the employing unit, in several special cases can be applied. At the same time the "Labor Contract Law" in maintaining the rights of migrant workers is of great significance. Although the law was not mentioned in the wording of migrant workers, but the relevant provisions of, or in order to protect the rights of migrant workers as a starting point, showing the importance of standardized, enhanced the protection of migrant workers. With regard to the lifting of the contract, "Labor Contract Law" significantly expanded the rights of workers to resign, in the new law, the resignation of the right of workers has received considerable degree of protection.The third section discusses the balance of interests in the "Labor Contract Law" was implemented in the barrier. This part consists of the employing unit to avoid the "Labor Contract Law," both sides of labor relations, "Labor Contract Law" concept had misunderstood the relevant supporting laws and regulations are inadequate, labor dispute arbitration system is not perfect, can not effectively play the role of trade unions, business the concept of social responsibility aspects of the weak 6. In reality, this is a serious impediment to six kinds of phenomena of the "Labor Contract Law," the implementation, thus affecting the harmony between labor relations. The employing unit for the pursuit of economic profit, reduce labor costs, tried every means to circumvent the law. Both workers and employers, "Labor Contract Law" also does not have a correct understanding of the "Labor Contract Law," them as a scourge. And the "Labor Contract Law" relative to supporting laws and regulations is still not perfect, resulting in the judicial practice identified difficulties. With the increase in the number of labor dispute, labor dispute arbitration system, showed his imperfection. In addition, the trade unions. Failed to play an effective role and the concept of corporate social responsibility is also the impact of the weak, "Labor Contract Law," the factors, which to a certain extent, have affected the interests of both sides of the balance of labor relations.The fourth section discusses the main measures to achieve a balance of interests and future development trend. This part is divided into full play to union labor relations in the interests of both sides to achieve a balanced role, give full play the positive role of the government, establish and improve corporate social responsibility, to seek the interests of both labor relations and fit, to protect non-regular employment workers interest, put right the employer in labor relations position. To establish a top-down, bottom-up sound system of trade union organizations, trade unions in the labor contract for the rights and role of law provided the basis for the realization of conditions; corporate social responsibility, to establish and perfect the art and business management philosophy is consistent with our future development trends. The role of government is to safeguard the interests of employers and workers a balance between the process can not be ignored important factors. The Government should establish a correct concept, dedicated to the establishment and improvement of national, trade unions, employer tripartite consultation mechanisms to establish administrative mediation mechanism. At the same time, legislation should make every effort to seek the interests of both labor relations and meeting point. To protect those rights and interests of informal employment, while employers put right in the labor relations position.In short, the "Labor Contract Law" is a type with a progressive social legislation, but the Labor Contract Law in the implementation process there is still a problem. We should address these issues, to find a suitable way to resolve so that the "Labor Contract Law" obstacles in the implementation of factors can be eliminated to protect the interests of both labor relations and balance become a reality.