Research On The Implementation Of Labor Contract In The Labor Relations Of Chinese Private Enterprises

As the economy entering a "new normal", our country pays more attention to the quality of economy’s development, and private enterprises play a important role in China’s economy, the labor relation showing a trend of harmonious in the private sectort. However, it is undeniable that there are still existing some unharmony. The reason is that the private enterprise has not formed the cooper relation between labor and capital, which caused by many reasons, such as the private enterprises only attached importance to benefits and ignore worker’s attention, workers’ legal consciousness, some local governments one-sided pursuit of economic growth. The article argues that the key reason is that the implementation of the labor contract is not perfect. Therefore, it is critical to promote the implementation of labor contract for the establishment of cooperative relations between labor and capital, and then to promote the harmonious relationship between labor and capital through constructing cooperative labor relation. From the Perspective of New Institutional Economics the paper analyzes the imperfect labor contract implementation how to affect the labor relation on private enterprise. And the reasons why labor contract implementation not perfect have also carried on in-depth analysis, then put forward how to improve the labor contract implementation for promoting the establishment of cooperation between private enterprises labor relation, which has important theoretical value and practical significance to enrich the academic research on labor relation in the private sector theoretical research and how to build a more harmonious labor relation.Domestic scholars have made a lot of research from different angles on the relationship between labor and capital in private enterprise of our country. With the objective of constructing the cooperative relations between labor and capital, this paper will study the issues of the labor contract implementation in private enterprise of our country using new institutional economics theory. First of all, we analysis the mechanism of the impact of the implementation of the labor contract in the private enterprise, using of new system of principal-agent theory, adverse selection and moral risk and asset specificity, and makes an empirical analysis by constructing game model; Secondly, the latest dates and typical cases are selected to analysis the situation of the implementation of China’s labor relations and labor contract in private enterprises. Once again, the internal reasons of the implementation of the labor contract of private enterprises in China are analyzed by the theory of opportunism, cost-benefit and government functions. Finally, we put forward some countermeasures for perfecting the implementation of the labor contract and constructing cooperation relations in two aspects from the real labor contract self-enforcing and third party enforcement. This paper argues that the implementation of the labor contract has a critical influence on the relations of capital and labor is because the labor contract enforcement is not perfect and impeded the construction of cooperative labor relations, thus improving the labor contract implementation is the key to the construction of cooperative labor relations.The innovation of this paper is that from the perspective of new institutional economics to study the implementation of the labor contract in the private sector, and made normative and empirical analysis on how the implementation labor contract influence the relations of capital and labor, puts forward that we should improve the labor contract self enforcement and the third party compulsory implementation to construct the labor relations, and promote the more harmonious labor relations in the private sector. However, this paper has its limitations and shortcomings with new institutional economics perspective to analysis of the problems in the implementation of the labor contract for constructing cooperative labor relations. In addition, this paper does not give a desirable labor contract, this is also need further study.