Labor Law Solutions To Employment-non-standardization Transformation

Among transformations employment is experiencing,non-standardization is a prominent one.Faced with challenges brought by employment-non-standardization,developed countries have conducted some fruitful researches and innovative legal practices that are valuable to China.Adopting comparative and case analysis methods,this paper studies developed countries' labor law changes and social policies to employment non-standardization transformation,and inspiration to China's labor law reform.This paper includes four main parts.The first part defines relevant important concepts and the current developments of the non-standardization.The second part analyzes universal driving forces and impacts of employment-non-standardization and the particular characteristics of China's non-standardization.The paper discusses the main experience of developed countries' labor policies and legal solutions for the transformation in the third part.The fourth part analyzes underlying mechanism,logic,and method of regulating of labor law.Moreover,summarizes the theories and practice China's labor law should follow.The paper finds that: 1)globally,globalization,the technologies developments change the employment profoundly.2)While non-standard employment may contribute to labor costs reduction,it makes non-standard employees difficult to access to social security benefits,occupational training,and collective bargaining.Moreover,it deteriorates wage inequality,social distribution gap,and labor market segmentation.3)China's “the informal economy” background,poor protection of employees' fundamental rights,lacking effective collective bargaining mechanism,the special role of local authorities make the non-standardization transformation unreasonable and illegitimate that brings challenges to China's labor law.4)Protecting fundamental labor and employment rights,ensuring equal bargaining rights and interests between employers and employees are main methods of ILO and developed countries' labor regulation and policies.The underlying logic is that the industrial and technology reforms,globalization allow labors and employers to exercise their rights and activities in more flexible ways.The function of traditional collective units has been partly replaced.However,weaken labor rights and inequality between employers and employees,the ambiguous employment relationship are problems have not been solved.The paper suggests: 1)Employment-non-standardization's driving forces and impacts should be analyzed based on the features of China's economic and social practice.Moreover,assess the reasonableness and legitimacy of non-standardization transformation.Then,reform labor laws and policies accordingly.2)Moreover,“deregulation” is not “no regulation” but “new regulation” providing more space for employees and employers to negotiate.So the key point is to ensure the equal bargaining power and effective bargaining mechanism to parties of employment.3)China's labor law reform should respect the general trend in the global market and tries to achieve a balance between its two purposes: protecting labors and improving the flexibility of the market.4)Since involuntary non-standard forms of employment are immortal and unreasonable,labor regulation should balance the bargaining power between labor and employers.However,this is a difficult problem has not been solved.