A Research On The Legal Regulation For The Post Change

Working post, which is a common phenomenon, plays an important role in the labor relations. It's a vital approach to make the best use of the talents of workers.Despite the importance of the Post Change, legislation is quite inadequate in this field. This is because the lawmakers would reserve necessary space for mutual negotiation and coordination, rather than destroy the harmony of the labor relations. However, more and more employers are trying to take advantage of the loophole of legislation to violate the right of workers. As the awareness of workers right is growing, more and more debates are focused on the post change. Currently, since the trend of redundancy triggered by the Subprime Mortgage Crisis is in vogue, it's quite necessary and imperative for the Legislature to give proper interference.Through the analysis on Labor Contract Law as well as Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the writer puts forward its own point of view by means of the discussion of the problems in the legal practices and the reference of theoretical achievement abroad. This thesis is divided into introduction, body and conclusion, in which the body consists of three chapters whose main contents of body are summarized as follows:In Chapter 1, discussions are focused on the introduction of basic meaning of Post Change, so as to establish the scope and importance of the study by analyzing the concept of Post Change and its legal characteristics.In Chapter 2, through the analysis on the current situations and features of the enacted law ,the writer intends to discuss the drawbacks of the current law and the necessity of its further improvement in light of existing problems, ,.In Chapter 3, the purport of this thesis is put forward by summarizing the existing problems. That is to create feasible legal system in order to promote the labor-management cooperation. In this theoretical context, the writer contrives to realize such purport from 4 aspects. Thus, not only the goal of improving currently law can be achieved, but also the definition of Power of Transfer is introduced. In view of this, large emphasis is laid on how to regulate the Power of Transfer through legislative and judicial means...