The Balance Of Interests In Labor Contract Law

The Labor Contract Law of the People’s Republic of China (Labor Contract Law for short) purposes on balancing the interest between the workers and the employers and achieving interests balance by slope protecting the workers interests as well as regulating and protecting the employers interests. Compared with the law before, the labor contract law has progress in achieving interests balance between labor and capital. But as a whole, there are still some barriers existing in the labor contract Law on the progress of achieving interests balance between labor and capital in our country:Some provisions in Labor Contract has some obstacle factors that hinders interests balance between labor and capital, such as imbalance of interests between labor and capital in non-discriminatory of the workers, unfixed-term labor contract and system of economic compensation; In practice, the workers weak rights protection consciousness and the boundedness of the labor union leads to power imbalance between the labor and the capital; Adjustment of Interests between the labor and the capital also hinders the interests balance. So it needs to perfect Labor Contract law and to perfect the adjustment between the labor and the capital to really achieve the interests balance between the labor and capital.