Our Country Enterprise Annuity Operation Law Regulation Research

With the development of our country's economy,rising living standards and medical conditions,population aging trend has become increasingly serious,lead to endowment cost burden,the government of pay-as-you-go pension system faces serious financial pressure.In China as the world's largest developing country,facing the modernization associated with ageing and the status quo,in the process of building a harmonious society,solving the problem of social security is particularly critical.Therefore,needs to adjust,to the transformation of China's social security system for the reconstruction of the social security responsibility allocation mechanism,strengthen the awareness of social and personal involvement and security,weaken the government intervention.In the process,under the condition of market economy pillar,mutiple level endowment insurance mode will be the first choice of the social security reform in China,among them,should focus on encouraging and guiding the second level of enterprise annuity development.Enterprise annuity is also called private pensions,occupational pensions,compensatory endowment insurance,has been widely in Europe and the United States and other developed countries,and the establishment of a mature operation mechanism.With an ageing population in China,in building a more pillar,mutiple level endowment insurance system in the process of country is becoming more and more importance to the role of enterprise annuity system.Our country since the early 1990 s to the early stage of the enterprise annuity system,after the phase of the establishment of the medium-term,entered the stage of the steady development of the current.Countries while on the policy and legislation are fully affirmed the importance of the development of enterprise annuity system,but its development still exist many problems.First of all,enterprise annuity implementation based system is not sound.Embodied in double time difference is 1 year general limitation,migrant workers to sign a written labor contract will is not strong,lack of labor security supervision jointly led to the labor contract system has no concrete implementation;Due to the right of the dispatched laborer equal pay for equal work has been no substantial care and false "outsourcing" phenomenon prominent cause labor dispatching system has no concrete implementation;Relevant laws and regulations did not because of the enterprise annuity dispute relief way be explicitly;Due to the relevant laws and regulations and trade unions own construction problems lead to its role in the enterprise co.,LTD.Second,the enterprise annuity implementation concrete system is not perfect.Embodied in specification related legal status of the enterprise annuity system is too low,the investment operation mode was flawed,the regulatory model is not clear and pay incentive efficiency is not high.Finally,to protect the interests of the beneficiary.Specific performance for the enterprise annuity plan coverage is limited to the worker and the information disclosure mechanism is not sound.Therefore,in order to speed up to establish and perfect the pace of the multi-pillar,mutiple level endowment insurance system in our country,in the process of development of enterprise annuity system,should be in the development of enterprise annuity system of Europe and the United States and other developed countries for reference,on the basis of mature experience,improving Suggestions combined with the specific national conditions.First of all,a sound system of enterprise annuity implementation basis.Through double time difference apply special limitation,improve the migrant workers willingness to sign a written labor contract,strengthen labor security supervision law enforcement efforts to improve the system of labor contract;Through the implement of dispatched laborers right to equal pay for equal work,establish business outsourcing and dispatching,the classification of the facts of labor relations to earnestly implement the labor dispatching system;Through the clear administrative remedy,the judicial relief way to solve the disputes arising due to the enterprise annuity;By ensuring that independent trade union work,improve the relevant laws and regulations that involve organized labor,strengthen the construction of the union itself to prompt it to play a role in the enterprise.Secondly,by improving the relevant legal status,form a complete set of legal system,perfect the enterprise annuity investment operation mode,the establishment conforms to the situation of supervision model,improve the efficiency of pay incentives to improve the system of enterprise annuity implementation specific.Finally,from the perspective of age and length of service to improve the coverage of the enterprise annuity plan to the worker and improve the way to perfect the information disclosure of enterprise annuity beneficiary rights and interests safeguard mechanism.