Legal Regulation Of Labor Relations In State-owned Enterprise Restructuring

From the point of law, the reform of state-owned enterprises is a process in which the rights and obligations of he participants is readjusted. In this course, the labour relationship between the employees and the enterprises will be inevitably readjusted in the forms of labour contract inheritance, alter of the labour contract, termination of the labour contract and so on. The labour relationship is unstable and a lot of labour disputes arise from the labour relation adjustment in the state-owned enterprise reform. This can attribute to the flaw of laws, the flaw of regulations and the unstandard practice. Then how to realize the work rights becomes the key point and thorny point in the process of the labour relationship readjustment. The author has conducted a thorough research regarding this topic through the six partials in this article, hoping the elaboration can give certain suggestion on how to protect the work rights in the course of labour relation readjustment during the reform of state-owned enterprises in our country.Part One is the outline which has two levels. The first level is mainly about the connotation of the state-owned enterprise in the terms of economics and law science. In this level, three kinds of state-owned enterprise reform, namely the change of organization, the change of ownership system, the change of the management are described in legal vocabulary.The influence to the labour relationship brought by the reform of the state-owned enterprise is simply analysed as well. The second level has the elaboration from the concept of work rights and its characteristics. In this level, the status of the work rights is highlighted. First, the work rights is one of the basic human rights. And second, the work rights is in the poor status compared with the capital. After this,the three basic principles of labour relationship adjustment in the state-owned enterprise are drawn out naturally.The first principle is to stablize the labour relation, the second principle is more inclination protection to the employees and the third one is to compensate fairly...