The Perform Of Labor Contract In The Case Of Enterprise Migration

The Enterprise Migration is a way of the current Chinese enterprises to address the financial crisis. In recent years, due to the global economic downturn, domestic labor, raw materials and other costs rising, some SMEs overwhelmed and decided to move their factories to a lower cost of operation. Especially in the Yangtze River Delta and Pearl River Delta, some labor-intensive enterprises have chosen to move their factories to the mainland, such as Herbie household appliances factory moved to Suzhou, Shenzhen Foxconn migrated to the Henan Province. The author came into contact with a number of cases of enterprise migration when his internship in Kunshan Station of Nanjing University Labor Legal Aid Project. The author Found that the number of labor disputes, which occurred in the perform of labor contract in the case of enterprise migration, was more than the number of previous years, mostly groups dispute. And there is also some tentative litigation, resulting a wide affection in some regions. Whereas China’s current labor contract in the case of enterprise migration is neither clear legislative provisions, and no systematic theoretical study. Therefore, The author selected the case of enterprise migration that encountered in Kunshan workstation to undertake studies,while collecting enterprise migration case of other areas. And divided the Situations of labor contracts, analysis some questions of the perform of labor contract in the case of enterprise migration. The main problems are problems in legislative level and the practical level. In legislative level, the main problems are that not specified the perform of labor contract in the case of enterprise migration rules; not clear whether the enterprise migration is belong to "objective significant change of circumstances". In practical perspective, the main problems are the enterprises violate the consultative process to forced laborers continue to fulfill the labor contract, enterprises force laborers to resign for circumventing the economic compensation and enterprises abuse terminate the labor contract rights.Then the author concluded the rules of the perform of labor contract in the case of enterprise migration, including the principle of autonomy, the rule of the need of business, and the rule of enterprise necessary assistance. Finally, on the basis of the theory of labor relations adjustment mechanism and the extraterritorial relevant system,the author proposed recommendations mechanism construction of the perform of labor contract in the case of our enterprise migration from the macro, meso and micro levels.At the macro level, focus primarily on legislation to improve the perform of labor contract in the case of Chinese enterprises migration, including three aspects:First, clear the rules of the perform of labor contract; Second is clear that which case of the enterprise migration is included in "the objective significant change of circumstances"; Third, perfect the protection system of the termination of the labor contract in the case of enterprise migration.From meso level, it is recommended to play the function of collective bargaining. At the micro level, it is recommended to abide by the spirit of the labor contract.