Study On Legal Risk Evaluation And Prevention Of Enterprise Labor Contract Management In China

Presently enterprises in China are paying more and more attention to employeerelationship management when they implement human resource managementactivities due to the continuous deepening of the concept of law and talents inenterprises. Harmonious employee relationship has more and more important effectson enterprise’s development. However, due to the deepening of the economic reform,many changes have happened in the labor relations between enterprises and laborers,such as the short-termism and flexibility of labor relations, the diversified forms ofemployment, the rapid flow of labor forces, the frequent adjustment of job positions,the enhancement of employees’ aware of rights maintenance, the growth of laborunion etc, all these factors lead to the appearance of labor disputes. The main reasonof this is because the labor contracts between enterprises and laborers cannot playtheir roles. The incorrect management of labor contracts leads to vary degrees of legalrisks that enterprises have to face with. The forms、causes and effects on enterprises’labor contract management of these risks and such problems are worth studying forenterprise operators and scholars.In light of these actual realities, this thesis tries to evaluate the legal risks ofenterprises’ labor contract management in China, and propose some measures toprevent these legal risks. To be specific, firstly, this thesis determines the significanceand objectives of this study. Secondly, this thesis fully introduces legal risks ofenterprises’ labor contract management including the concept、features、contents andfunctions. Moreover, this thesis also proposes the formations and causes of legal risksin different links of labor contract management through analyzing them. Thus,according to these analysis, I choose fuzzy analytical hierarchy process(FAHP) andfuzzy comprehensive evaluation to evaluate the legal risk state of enterprise laborcontract management. Thirdly, this thesis establishes the indicator system of legal riskevaluation. Take KaiRui Company for example, we can examine the legal risk statusfrom macro and micro perspective when enterprises manage their labor contracts. Theresults suggest that firms in different industries or have different features or with different sizes also have different legal risk status. Such as State-Owned Enterprisesor foreign companies has fewer legal risks when comparing with private enterprises,while enterprises with larger size also have lower legal risks than smaller sizeenterprises. One possible reason is that SOEs、foreign enterprises or larger sizecompanies have more normative systems. Fourthly, after the legal risk evaluation oflabor contract management, this thesis also draw some measures to prevent such risks,for example, enterprises can prevent legal risks during different links of labor contractmanagement. Therefore, this thesis quantitatively evaluates legal risk of enterpriselabor contract management, this can make a contribution to both enterprise operatorsand academia.