Measure Of Labor Interests In The Labor Contract Law Intervention Discussed

In 1994, The 8th Session of the Standing Committee of the 8th National People's Congress passed Labor Law of the People's Republic of China, which initially established labor contract system and played an important role in eradicating administrative allocation employment system under the traditional planned economic system and establishing the labor and employment system which adapt to socialist market economic system. In 2007, The 28th Session of the Standing Committee of the 10th National People's Congress passed Labor Contract Law of the People's Republic of China, which further improved the labor contract system, explicited rights and obligations of both parties to the contract, protected the legitimate rights and interests of workers as well as building and developing harmonious and stable labor relations. It indicated that the labor contract system in china has come into a legal system of legal regulation and legal adjustment.The implementation of Labor Contract Law is closely related to changes in labor relations, under the current situation of the rapid development of national socialist market economy, the labor relation comes diversified, hierarchical and marketized, which exacerbating the difficulty in implementing the labor contract law. In the field of social law, the country intervened in the market and protected interests for vulnerable groups in society by means of caution, Labor Contract Law, undoubtedly, is possessed of the same function. However, the extent and limit of specific interventions directly effect the balance between labor and capital and effect labor and capital market as well.The thesis mainly discussed the influence on employers after the implementation of Labor Contract Law from a perspective of state intervention. To know the features of state intervention through the development of China and foreign labor contract system and explicit the value basis and legitimacy basis of state intervention of labor contract system. Based on the explaination of related theories, the thesis compared the relevant provisions between new Labor Contract Law and the original one including the emphasis, details and additional rights and obligations for the original provisions. Combined the analysis of the current situation that Shanghai has carried out the Labour Contract Law, it is believed that the main purpose for state intervention of labor contract system lies in the balance of interests. The contents including the promotion for employers to institutionalize regulations, strengthen management and bear the illegal liablity in order to protect interests for employees, which can be divided into three aspects: Promote legal employment for employers and raise the cost of illegal act; fulfill each security benefit of workers and improve working conditions; promote the strictly management for employers and optimize each system. Therefore, the conclusion can be expressed as follows:Firstly, from a perspective of employment costs, some increased costs proposed by employers do not come from Labor Contract Law directly, rather to strengthen the implementation of existing provisions; secondly, those measures used to balance the interests between labor and cost in Labor Contract Law come to different effects according to the porportion of labor costs for different employers; at last, the effectiveness for measures used to balance the interests differ from different levels of labors. At the same time to promote industrial reform and enterprise restructuring and balance the interests between labor and cost, one should still pay attention to the role played by small and medium enterprises in the protection of employment and maintaining stability as well as strengthening law enforcement in protection of the bottom layer labors. The thesis also compared lagislation of adjustment mechanism of labor contracts in United States, Germany, France and Japan etc. and proposed suggestions to perfect labor relations adjustment mechanism in our country, that is, in the process of establishing socialist market economic system in China, the labor relations adjustment in public law can not be realized only by means of Labor Contract Law, but to achieve state intervention and balance the interests between labors and costs by improving labor legislation, practising legal transparent intervention, maturing the tripartite coordination mechanism and promoting social responsibility awareness of enterprises.