On Balance The Interests Of Labor Under The Labor Contract Law Perspective

"The People's Republic of China Labor Contract Law" (hereinafter referred to as the "Labor Contract Law") since the date of enactment, that caused the academia, industry wide debate. Interpretation of the rule of law perspective on the different point of view led to the great differences. As "building a harmonious society, economic development and stability" for the purpose of the "Labor Contract Law" is currently existing in China's market economy strong abnormal abnormal pattern of weak labor law means the correction, its purpose is to standardize enterprise personnel system, to protect the basic rights of workers, improving the market economy under the employment mechanism, the "Labor Contract Law" on employees, employers and the Chinese enterprises are economic changes in moral values will play an invaluable role.In labor relations, workers want to maximize their labor compensation, employers want workers to work in exchange for the maximization of profits, it produced a conflict between the two, how to balance the interests between the two is very important. Since the reform and opening up, as lax labor laws, lack of labor rights, China is seeing a lot of things that harm the interests of workers, "Labor Contract Law" in the design of the system on a certain inclination to protect workers, the aim was the contradiction between the two sides towards cooperation and conflict. This article from the labor contract law and the importance of labor reflects the interests of balance, tilted protection is the main way to achieve balance of interests, inclination to protect the interests of balance to achieve both the three point perspective discusses the labor contract law under the labor balance of interests."Labor Contract Law" established for the purpose is to protect the legitimate rights and interests of workers, but in essence, by correcting the unequal status of employers and employees to achieve the substantive balance of interests. In this paper, workers must give priority to the concept of survival and the value of the theoretical basis of legal justice, demonstrate the "Labor Contract Law" inclined to protect the legitimate rights and interests of workers thrust is correct, and science. By analyzing the "Labor Contract Law" tilt the implementation of protection of legitimate rights and interests of workers, found that the provisions of the Act itself, there were loopholes yet to be improved. In addition, the article also illustrates another point of view, that the "Labor Contract Law" tilt the protection of workers is not the only benefit workers, employers also benefit. The interests of employers and workers are the same, harmed, or prosperity, enterprise development, and business owners and workers can benefit, if the company went bankrupt, both victims, the presence of the other achievements of the self-interest. The relative interests of workers are necessary improvements to the original, without sacrificing the interests of workers achieved the interests of enterprises maximization can improve labor productivity of workers enthusiasm and creativity, to improve the efficiency of workers labor for employers to create more and greater economic efficiency of enterprises, enterprises can also provide greater spending power and consumer markets, so that social harmony and stability of the forward development of faster and better, of course, increase the protection of the rights of workers does not mean does not protect the interests of enterprises, and enterprises do not consider the benefits of growth. In this paper, to protect and balance the interests of both tilt angle of the "Labor Contract Law" in depth discussion on the "Labor Contract Law" in the process of theoretical and practical problems encountered in the review. Correct understanding of the"Labor Contract Law" balance function in resolving labor conflicts and establish harmonious and stable labor relations and far-reaching.