On Problems Existing In The Scope Of Labor Law And How To Perfect It

The implementation of "labor law" and "labor contract law" promotes the market ization of human resources gradually, optimizes the labor market mechanism to a cert ain extent and protects the rights and interests of workers. But at the same time, Labor law still exist some problems in the scope of application:The protection of the admin istrative institutions and the civil service employees is over but the protection of com mon employees is too low. This paper analysis the application of the "labor law" and "labor contract law" comprehensively and defines the relevant provisions of the scope of "labor law". This paper analysis the relation among employers, workers and labor. This paper also points out that the labor’s relationship in administrative institutions a nd social groups is based on distribution rather than contract. This paper indicates the significant of the scope the labor law is that it unifies and establishes the labor contrac t system and the enterprise employment system and the basic social insurance system. This paper defines the applicable scope of the expansion of the "labor contract law". Based on the analysis of the problems and reasons of the scope of application of the c urrent labor law, this paper finds out that some workers lose the protection of labor la w from these aspects as the limitation and the rejection of age and identity. At the sam e time, this paper deeply analyses the factors and reasons which hinder human resourc es market from aspects of high social insurance costs, great employment pressure and unequal treatment.This paper puts forward some ideas to expand the applicable scope of the idea of labor law from the theory of the labor relations, the flexible using of so cial insurance law standard, the labor relationship of agricultural workers and public s ector reform.This paper points out that the attribute of labor which should be reflected in the legislation is the key standard to establish the labor relation. There are also few benefits from the standard. In the application of the social insurance law, labor law a nd social insurance law should be abandon. More substantial labor relations should be include.But the solution to the farm workers in the labor relations need to be suspend ed.Different places can gradually advancing according to the different situation. In or der to further optimize the market system of human resources and form a high efficie ncy human resources market,The reform of public institutions should learn from the e nterprise market experience and perfect the scope of Chinese labor law.