A Study On Regional Disparity On The Implementation Of Labor Contract Law

Labor Contract Law is critical law regulating labor relations universally applied to all the subjects within China, while some local juridical standards and criteria have been formed during the past years’ implementation practice. Taking the perspective of economics,the local juridical standards and criteria can be deemed as a kind of competitive behaviorsof local governments in pursuit of factors of production in the market. Such behaviors are inevitable and to some extent helpful as they have the positive effect of promoting the development of local economic and will promote the legislation on labor contract as well.Nevertheless,for the mere perspective of legal principles of corrective justice, the local juridical standards and criteria areto some extent against the unity of law enforcement.The solution to this, i.e. dealing with the local governments’ competition in law enforcement to maintain the unity of law enforcement should be concerned.This article focuses on the disparity of juridical standards and criteria in implementing Labor Contract Law between Yangtze River Delta and Pearl River Delta, through which the paper tries to make some useful efforts on solving the aforementionedcoordination problem.Through the empirical case studies and by searching through juridical guidance documents in related area, we have found the traits of regional disparity on juridical standards and criteria in many kinds of labor disputes, such as disputes on double salary,economic compensation or overtime wage.In general,the juridical standards and criteria in both Yangtze River Delta and Pearl River Delta tend to favor the employers. Specifically, the juridical standards and criteria lean heavier towards employers in Pearl River Delta than in Yangtze River Delta.Analyzing the disparity on juridical standards and criteria between Yangtze River Delta and Pearl River Delta through the government competition theory,we found that the local juridical standards and criteria is the means for localgovernmentstocompete in the market of production factors.The local governments drive the production factors into the local markets by providing government-supplied service and public goods that are attractive to these factors. Therefore, the cause of difference in juridical standards and criteria in the implementation of labor contract law is the different demands on driving factors of production to the local market,which is deeply related to the industrial structures and development patterns of the region.The export-oriented development pattern in Pearl River Delta explainsit’ sanxious for the capital, which is more urgent than in Yangtze River Delta. As a result, the juridical standards and criteria in Pearl River Delta lean heavier towards employers than that in Yangtze River Delta. The disparity in the enforcement of Labor Contract Law in Yangtze River Delta and Pearl River Delta is caused by the local governments’ competition in the market of production factors while at the same time affect the local governments’ competition.On one hand it impact the factors fluxion between regions, and on the other hand,it will make an influence on the regionalsoft-power by forming its judicial environment.The regional judicial standards and criteria in the implementationof Labor Contract Laware the embodiment of local governments’ competition, which also shows the positive and negative sides of local government competition.The regional difference in the implementationof Labor Contract Law is helpful to make law enforcement attach to the need of local development as well as completing the legislation. However, it may also cause essential injustice and judicial regional protectionism.Therefore,the local government competition in law enforcement must be regulated and should be confirm with the doctrines on legitimacy.Meantime,by improving the case-guidance system, we shall achievethe unity of the judicial standards and criteria in the implementation of Labor Contract Law.