Analysis Of Labor Relations Based On Contract Management

As a basic social relation and economic relation, labor relation is the core of the social production and social life. With the development of reform of socialist market economic system, the nature of labor relation has experienced a movement from status to contract. To a great extent, the harmony of labor relation depends on the effective performance of labor contract. But, in real life, the labor conflicts are increasingly outstanding and the labor dispute cases come forth continuously in recent years, which seriously affect the harmony of labor relation. The Law of Labor Contract which was enforced on January 1^st 2008 has more strict stipulations about the sign, performance, rescission and termination of labor contract, which causes different understanding and evaluation. So correct understanding of the nature of labor relation is the premise of improvement of labor relation management.Based on the framework of contract theory, properties, characters, influences on labor relation management and performing mechanism of labor contract are clearly analyzed in this dissertation, and an opinion that labor contract not only is an incomplete contract, but also has some characters of implicit contract is proposed as well. On the basis of analysis above, this dissertation comments on the Law of Labor Contract by researching its legislative purpose and main clauses. At the last part of this dissertation, it puts forward some suggestions on how to improve the labor relation management from the perspectives of government, enterprise and employee by taking the Law of Labor Contract and characters of labor contract into consideration, which can provide reference for establishing a kind of harmonic labor relation.