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Research On The System Of Labor Contract Relocation

Posted on:2013-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q L HuFull Text:PDF
GTID:2176330434973234Subject:Law
Abstract/Summary:PDF Full Text Request
Along with our country the implementation of the labor contract law, the lifting of the labor contract system is more strict. In expanding the non fixed term labor contract scope at the same time, keep the workers’ social welfare factors. A fixed term labor contract with the labor contract without a fixed term lifting conditions present integration trend of development. These phenomena, can safeguard the legitimate rights and interests of workers of the objective need, but also to make both sides of labour and capital is contradictory increasingly outstanding, labor dispute cases continues to rise. In the paper, the employing units should actively face the lifting of the labor contract system reform trend, using the historical analysis, comparative analysis and research method of linking theory with practice, studies the establishment conforms to our country national condition the lifting of the labor contract system necessity, discussed perfect layoffs dismissal system, puts forward the difference between applied and post retainer separation approach, and improve the labor dispute handling system of.The article is divided into four parts:The first chapter, the lifting of the labor contract system. From the definition of" labor contract "," fire theory "," constructive dismissal "," fire protection" concept, introduced in China in different periods to terminate the labor contract provisions and the term of the labor contract system to relieve system influence, elucidation of the lifting of the labor contract system’s basic theory, objective combing the lifting of the labor contract system in the new sixty years of Chinese history of ups and downs, new era for the lifting of the labor contract system in-depth study made a certain thickness of bedding.The second chapter," the lifting of the labor contract system comparative analysis. The United States, Japan, mainly Germany and France three to terminate the labor contract the difference of mode, the analysis of the causes, and points out that China should learn lessons. Their different term labor contract reflect different legislative concept, and supplemented with different to terminate the labor contract provisions, more complete protection for employees of procedural rights and worthy of our study. Comparison shows that only allow different term labor contract supplement each other, organic union, in order to achieve the optimal allocation of human resources. The analysis for the back issues and recommendations provide a basis.The third chapter, the lifting of the labor contract system implementation predicament analysis. The analysis points out our country the right to resign being highlighted normal fired right deficiency, constructive dismissal is too simple, not change labor conditions for termination of the contract, the integration characteristics of employers to fire workers, fire protection system defects and other content, cause our country labor contract termination conditions and fire protection unbalance. In addition, thematic analysis of layoffs, cuts of dismissal protection ineffective programs exist defects such as layoffs fired the shortcomings and the current system of handling labor disputes exist to regulate the procedure of virtual administration litigation, arbitration, litigation, mainstreaming, inverted " cost-benefit" relationship between malpractice. These problems are presented for practical suggestions to lay a foundation.The fourth chapter, perfect labor contract system is proposed. Guide the employing units should actively face the lifting of the labor contract system reform trend, homeopathy to transform the management way, through strengthening management, the reason for dismissal dismissal procedure management, fire management, fire management reconstruction treatment according to terminate the labor contract management system. Discussed from increase redundancy protection legislation intensity, improved redundancy protection system, sound economic layoff procedures, explicitly rationalizing the redundancy selection criteria to improve redundancy dismissal system. Forward difference between applied and post retainer separation approach, distinction applies different types of laborers and different types of labor contracts, with post retainer separation approach, will be keen to terminate the labor contract system into the post contract expires termination system, constructing harmonious labor relation. Facing the reality of the growing number of labor disputes, this paper put forward put negotiation, mediation, arbitration, bigger and stronger to do fine suit. These proposals have very strong realistic significance.
Keywords/Search Tags:Labor contracts, Lifting system, Dismissal protection, Labor disputes
PDF Full Text Request
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