Research On The Defects And Improvements Of China "Labor Contract Law"

Labor is the only way to gain labor remuneration and survival condition, how to process the labor relations, not only directly related to the legitimate rights and interests of most workers, but also the construction of a socialist harmonious society relations. Because of this, very pay attention to the adjustment of labor relations in China’s law. After "labor law", formulate and implement, and timely formulated the "labor contract law in our country, adjust the relations of the labor contract."Labor contract law" formulated and issued and implemented, marked the our country has a more complete specification of legal relation of labor contract."Labor contract law" is relatively completed systematic, conforms to our country present stage development and changes of the needs of the new situation of labor relations, to confirm and maintain the normal labor relations, protect the lawful rights and interests of workers and building a socialist harmonious labor relationship undoubtedly has very important significance. Since the implementation of labor contract law, has made many significant achievements, such as:the number of short-term contract decline, the number of contract which period is1year under significantly reduced. the number of labor contract which period is3-5years of labor contract and the number of non-fixed term labor contract increased significantly; Labor contract signing rate was significantly improved; The periodic achievements for the construction of the collective contract system, the collective contract signing rate and covers have greatly enhance; Labor contract system in promoting pension insurance, medical treatment insurance, inductrial injury insurance, birth insurance and other aspects of the development. At the same time, also led to fund collection work. But,"labor contract law" is not only its provisions has many defects, and there are some defects in the process of its applying. Because of the "labor contract law" the promulgation and implementation of time is not long, although the studies of "labor contract law" seminar is full of enthusiasm, but so far, specializes in the works of "labor contract law" does not see more, therefore, based on the theory of "the defect of our country" labor contract law "and perfect" as a topic, try to based on the defects of the legislation and practice of "labor contract law", on how to improve the "labor contract law" put forward some useful opinions, looking forward to the perfection of our country "labor contract law" has spleen, it has very important social practical significance and theoretical significance.The full text mainly is divided into the following three parts:The first part, mainly explains the basic theory of "labor contract law". First discusses the background of our country "labor contract law","labor contract law" the formulation and implementation is adapt to the needs of economic globalization; Is adapt to the needs of the domestic economic reform; Secondly, illustrates the principle of "labor contract law", namely the tenet of "labor contract law is to protect the legitimate rights and interests of laborers. Finally, this paper expounds the meaning of "labor contract law". The formulation and implementation of labor contract law to confirm and maintain normal labor relations and deal with labor disputes; Is conducive to protect the legitimate rights and interests of laborers; Is beneficial to construct the socialist harmonious labor relations and safeguard national stability and unity.The second part, mainly analyze the "labor contract law" the existing defects, objectively speaking, the defects of our country "labor contract law" is mainly manifested in the following aspects:the "labor contract law" about labor contract legislation and specific implementation defects;"Labor contract law on labor contract to perform the defects existing in both legislation and specific implementation;"Labor contract law" the legislation about the termination of the contract and specific implementation defects;"Labor contract law" the legislation about the laborers’right to collective bargaining and specific implementation also exist problems;"Labor contract law on labor dispatch legislation and specific implementation is also to be desired. And there are a variety of reasons, there are many defects are both the lawmakers itself, there is also a labor relationship itself complicated reasons.The third part,mainly aimed at the defects written in the second part and find way to perfect our country "labor contract law" in my own opinions. Specifically,"labor contract law in our country should adapt to the needs of the developing and changing of labor relationship, the conclusion of labor contracts, performance, change, remove, the laborers’right to collective bargaining, one by one, to improve the labor dispatching, etc. The perfection of labor contract embodied in the "labor contract law" article12and article14. The improvement of the labor contract is embodied in "labor contract law" article30.The improvement of the labor contract removes embodied in "labor contract law" article39.The improvement of the labor contract workers collective-bargaining rights embodied in the "labor contract law" article4aspects.The perfection of labor contract labor dispatching embodied in the "labor contract law" article66.