Building Of Harmony Labor Relationship

The process of coming out of the new"Labor Contract Law"seems difficult. This is because there are many kinds of profits to be corresponded. The new law is paid attention by the international world because the new law is referred to the international labor standards (ILS) that is concerned by the developed countries and the benefit of the foreign invested companies. This article will make analysis to the benefit contention through two kinds of disputes from the views of international and domestic. And the article brings forward that to be a developing country, China has to hold its position and the viewpoint that the legislation of labor law should take.There are four parts of the article:First, in the contention of the issue of the labor union of American visits China, there are two kinds of voice. One party thinks the issue reflects the association of the workers in both developed countries and developing countries. The other party thinks that the class conflict is not the main conflict and should know the real reason that the labor union of American'visit.Through the statement of the policy that the labor union of American made to China, including but not limited to preventing China entering the WTO and processing the anti-dumping cases to China. Contacted with this issue, the article thinks that in recent days, the ultimate profit of the American labor union and Chinese labor union is so different and has no reconcilability. The purpose of this visit is for the benefit of the labor in American. According to the analysis, it comes out that it is unilateralism to think that it is association of the workers in the whole world, and the legislation should not be instructed by the idea of class conflict.Second, the article analyses that there exists different position and national benefit between developed country and developing country through the international view of point. Especially in the discussion of the social article, the developed country think that the low standard labor force is a kind of social dumping, while the developing country think that it is a kind of comparatively advantage, and to link the labor standards to the international trade will work as a new kind of trade rampart which will influence the free trade.Through the discussion of the social article, the developed countries want to link the labor standards to the international trade, and infliction the improvement of the labor standards to the developing countries. The developing countries including China reject this all along. The support of the American labor union in the process of the new law is a kind of continuing their attempt, just was covered by a more distingue appearance. Through the analysis, it comes out that as a developing country, China should know that it is a new kind of trade rampart that the link of trade to labor standard by the developed countries. To reject it, China should hold the standpoint of national benefit instead of the idea of class conflict. Meanwhile, to improve the labor standard, China should continue to improve the economic stability.Third, from the domestic view of point, there are two kinds of theory, the labor and capital conflict theory and the layered labor theory. The labor and capital conflict theory treats the labor as an abstract colony, and suggests improve the labor standard to protect the labor. While the layered labor theory thinks that the labor is concretion, and only the low standard and extensive can protect the labor. The high standard will cause some problems and may not protect the labor as it wishes. So to protect the labor benefits, the legislation should be constructed by the labor and capital harmony theory. Forth, at the basis of the analysis above, the article further discuss that as a developing country, China should first solve the employment problem. The negative effect of the new law is to reduce the employment. So, we should put national benefits as the start thought.In domestic, as the legislation theory, it should be labor and capital benefit harmony instead of labor and capital conflict theory, and use the layered labor theory to instruct legislation, enhance and extent the protection to the labor. Then it will accord with the purpose of protecting the labor.