On The Employers On Labor Law

"Employing unit" is an initiative concept in the field of Chinese Labor Law. It is not used in the field of foreign Labor Law, and so much as it has been rarely touched in our legal system. As "employing unit" has been an important legal category, it should be attracted widely attention and done deeply research. Otherwise, the rigorous and applicable of Labor Law, even the whole law system, will be influenced directly. But, whether practitioners or theorists, they have not taken enough attention and done deeply research on it. The concept of "employing unit" in Chinese Labor Law has many differences from the concept of "employer" in the field of foreign Labor Law. So comparative analysis of the differences from the concepts is one of the paths doing research. There is not without the concept of "employer" in our legal system, but, the concept of "employer" in our legal system is a civil law category, not a labor law category. Both can not confuse STH with STH else.The legal features of "employing unit" in Chinese Labor Law, just as its name implies, first and foremost, is an "unit" or an "organization"; secondly, is the part of the units or organizations, not the whole units or organizations in the economic society; finally, the concept of "employing unit" in Chinese Labor Law has some transitivity, and its extension is developing and changing. Although the research of the intension and extension of the concept is scarce, some scholars have done some research and discussed about whether it has the subject qualification in the Labor Law as it is one of the subjects in the labor law relations. The question discussed is disputed along, and has not yet reached a consensus.The emergence and development of Chinese Labor Law is a process of "the privatization of public law", and completely different from the process of "private laws publicize" of the emergence and development of foreign Labor Law. The extent of employing unit in Chinese early Labor Law is narrow because of the carefully consideration for the extent of authority of the economic or social organization from the country or the government, not purely for the purpose of "protection for vulnerable laborer". So the legislation model of employing unit in Chinese Labor Law epitomizes the feature of "blank intension and clear extension". It’s quite different from the legislation model of employer in foreign Labor Law which is "clear intension and blank extension". And it is just the primary cause of the legal suitable straits in the implementation process of Chinese Labor Law currently. It’s for a shift that setting about expanding the extension of the concept to relieve the legal suitable straits in which case that the intension of the concept is still difficult to determine. And it’s also the inevitable demand of the perfection of the socialist market economy. It’s ought to be the result from the expanding of the concept that seeing the public institution as the total meaning of employing unit in Chinese Labor Law. Even, in the near future, the government agency also can be the employing unit in its true sense of Chinese Labor Law in the view of civil servants.