On The Legislation Of Labor Contract Differential Treatment

"Labor Contract Law" is an important part of protection of the legal system in China’s labor contract, The law is the important achievements of the construction of the labor contract system, has great significance on the Clear of the rights and obligations of parties to employment contracts, protecting the legitimate rights and interests of laborers, Developing harmonious and stable labor relations. However, after several years of judicial practice, We found that the "Labor Contract Law" has many problems in practice.From the "Labor Contract Law" is implemented up to now, There are some scholars have studied on the impact on small and medium-sized enterprises, For example, Professor XieZengyi’s research.The main innovation is the introduce of the concept of "discrimination" in the labor contract legislation. The concept can not only be used for small and medium-sized enterprises, and also can be used for different workers, different times. For different companies and in different periods and different groups differently, Both theoretical significance to improve the labor con tract law legislation, but also has practical significance to promote the rapid development of small and medium enterprises health.Therefore,the only difference between the treatment of different situations, to develop to meet the needs of the "Labor Contract Law", to the establishment and development of harmonious labor relations, and building a socialist harmonious society.This article elaborate on these three points about "Labor Contract Law". First, the formulation of laws, without taking into account the difference in size, staff composition of large enterprises and small and medium-sized enterprises; Second, without taking into account the different status of the senior management and ordinary workers in the labor relations; Third, not taking into account the special period "Labor Contract Law" should be some modifications.