Legal Issues In The Implementation Of The"Labor Contract Law"

Labor relation is a basic social relation. Harmonious labor relation is the foundation of social harmony. A labor contract is an important law to regulate the rights and obligations between employers and employees, which will make the relationship between employers and employees harmonious and stable."Labor Contract Law", coming into effect on January1,2008, has gradually aroused extensive attention and caused a heated controversy. This law having enforced four years, plays an active role in building a harmonious labor relation. At present, China’s labor and employment situation are generally steady. The system by signing labor contract between employees and employers has been carried out extensively. The illegal phenomenon, such as signing low labor contracts or infringing on the legitimate rights and interests of the workers, are being solved gradually. But the labor contract law also has some flaws including some loose rules and simple articles, which causes some problems in the process of implementing. Based on a typical case "Huawei accident", this article analyses the main means on how to avoid non-fixed term labor contract system, put forward to a clear non-fixed term labor contract concluding conditions, scope of application, and set non-fixed term and other contract duration of matching system and countermeasures. The illegal use of the labor dispatch of some subordinate units to Capital Iron and Steel Company is a typical case, this article analyses the current employment of labor, using labor beyond the scope, unequal pay for equal work, confused management, the difficulty of dispatched workers’ joining trade unions and other issues; and clearly restrict the scope, duration of the labor dispatch companies, strengthen the supervision and law enforcement efforts, according to the law to protect labor dispatch workers to join trade unions. A negative resist collective contract of a foreign enterprise in Shenzhen as a typical case, this article analyses the missing of consultation, vacuous agreement content, contract fulfilment difficulty, and so on existing in the implementation of the collective contract system. And provides collectives contract expressly for the enterprise legal obligations, standardizes and energetically promotes the industrial or regional collective contract system, clears the legal responsibilities in collective bargaining of employers.The author hopes that the exposition of this paper, a more in-depth study of the advancement of the labor contract system, to protect the legitimate rights and interests of workers, to discuss the problems and shortcomings of the "Labor Contract Law" in the implementation of, and to propose improvement measures, to facilitate further improve the "labor Contract Law", to promote better implementation of the Act, to promote building harmonious labor relations, and to promote sound and rapid economic development.