Legislative Insufficiency And Solution Of Enterprise Ownership Autonomy In China

After the Third Plenary Session of the current eighteen closing, the state has increased efforts to promote reform and policy direction to strengthen for private enterprises, small and micro enterprise support. Due to the current system because of labor law and employment for companies to make the principle of the autonomy provisions only, and no specific operational guidelines. Therefore, in the exercise of autonomy and employment, often in conflict with the workers. After entering the labor arbitration order, because there is no refinement, both business and employment law clearly the autonomy of enterprises and workers do not determine the final verdict is usually the outcome of each.Such differences appear, allowing companies to manage labor trouble, unable to fully understand the enterprise can exercise the right post adjustment under what circumstances, salary rights, the right to punish employees, employee fault causing economic loss claims. This also allows companies unable to achieve the highest performance in the deployment of human resources and personnel management, optimize resource allocation. If companies can not move forward with ease, then for restrictions enterprise is clearly enormous.In order to solve puzzles in corporate employment aspects of autonomy, so that enterprises and workers clear under what circumstances companies can exercise the right to adjust positions, salary rights, so that they were effectively protect the rights, autonomy of research for business and employment is particularly urgent.Through a comprehensive analysis of the current labor law system, put forward the perspective of the enterprise system construction for employment autonomy envisaged in order to improve and perfect the system of labor law has been promoted.