The Actual Consequent And Obstacles Of The Labor Contract Law's Implementation

"Labor Contract Law" is important in China's labor law system, it's one of the basic laws which regulate the labor relations. There is fierce debate about this law. The government, academia, the employees, and the employers have different views. Somebody praised that this law provides a tool for workers to protect their rights, so they can establish a stable labor relations; on the other hand, somebody think this law would increase the costs of enterprises'employment, so it can not be a good laws.On September 18,2008, "Labor Contract Law Implementation Regulations" were promulgated, and now, "Labor Contract Law" was implemented more than two years. The national and international economic situation had tremendous changed, the operating environment of this act also changed. "Labor Contract Law," its legislative purpose is to develop the stable labor relations. The workers is on a weak position in labor relations, thus the "Labor Contract Law" emphasis to protect the rights and interests of the employees, and it gives the necessary attention about the employers'interests. We can achieve better results to analyze this law in a correct and comprehensive way.This paper analysis the relation between Labor Contract Law with Employment, Labor Contract Law with the harmonious labor relations, the Labor Contract Law with the Transformation of the labor market. Then it described the overall effects and specific effects of the Labor Contract Law. Based on the above analysis, it points the legislative obstacles of the Labor Contract Law, including the Labor Contract Law's defects, the employer's aversion, the employee's defects and other factors. Finally, the paper proposes four measures to resolve the Labor Contract Law's obstacles to play the important role.