The Superficial Research Of Labor Contract Law

"The People's Republic of China Labor Contract Law "(hereinafter referred to as the "Labor Contract Law"), which was implemented on January 1,2008, plays an important role in promoting the economic development, safeguarding the legitimate rights and interests of workers, mobilizing the enthusiasm of workers and improving the economic benefits of employing units. However, due to various reasons, in the process of the implementation of the "Labor Contract Law", many problems had arisen. The author analyzes the current outstanding problems and proposes corresponding recommendations, striving to provide reference on perfecting the implementation of the "labor contract law".This thesis has three parts:The first part introduces the background and main contributions of the "Labor Contract Law". This section outlines the increasing diversification of the form of Chinese enterprises and labor relations. Labor and employment system is undergoing profound changes. Labor law provisions on labor contract system can not meet the real needs of the present context. Against this background, the formulation and promulgation of the "Labor Contract Law" answers precisely to the needs of the time. The important contribution of the "Labor Contract Law" on building a harmonious labor relation lies in:it introduces, for the first time, the labor dispatch system and the non-competition system into the national legislation. At the same time, based on the "Labor Law", it makes detailed and comprehensive requirements on open-ended labor contract system. The introduction of these new regulations makes the fundamental change to the status quo——the existing legal provisions can not meet the practical needs, and plays a great significance in protecting the legitimate rights and interests of workers, motivating the establishment of the harmonious and stable labor relations and promoting the building of a harmonious socialist society.The second part analyzes the major problems of the "Labor Contract Law "since its implementation. First of all, certain provisions of the "Labor Contract Law" are too general. On the issue of non-competition system of economic compensation, analyzing the typical cases, the author obtained two conclusions:in order to produce legal effects, financial compensation must be given after the workers withdrawing from their offices and the law must prescribe the minimum amount of financial compensation. On the issue of the scope for service period, China's current law stipulates the employing units could regulate the service period only after they provide technical training for workers. But in real life, both labor and management agree the service period, which is much more complicated than the regulation ruled by the labor contract. Secondly, nowadays "Labor Contract Law" is often biased by some employers, making the implementation of the "Labor Contract Law" greatly abate. A lot of employing units have adopted various means and measures to avoid signing the open-ended labor contract, and some companies believe the open-ended labor contract means the return of the iron bowl. In my opinion, the open-ended labor contract is strictly distinguished from "Regular Workers" system. The employing unit, based on provisions of the law, could terminate the open-ended labor contracts, and this view has been proved by "The People's Republic of China Labor Contract Law Implementation Regulations".The third part proposes some suggestions to improve the implementation of the" Labor Contract Law". On one hand, based on the successful experience in labor legislation from France, Japan and the United States, in addition to further improve the Labor Contract Law system; our country should also make specific legislation for certain systems, such as making the "Labor Dispatching Law" in line with China's national conditions. On the other hand, in the implementation process of the "Labor Contract Law", the government should give more publicity to the "Labor Contract Law", strengthen moderate intervene of the labor relations, introduce appropriately small business exemption mechanism, and give full play to the positive role of the trade unions. At last, Companies should also adopt various measures to face the implementation of the "Labor Contract Law".