Labor relationship is an indispensable social relationship in China.Labor contract is an essential part of the development of labor relations.With the development of the socialist market economy in China,labor relations are becoming increasingly prominent,and the stability of labor relations is not only related to the legitimate rights and interests of the vast number of workers,but also to the harmonious stability of the whole society.Therefore,in 2008,the labor contract law was promulgated,which made the labor contract system more and more standardized,the civil rights and civil obligations of the parties involved in the labor contract became more and more clear,and the legitimate rights and interests of the workers were more guaranteed.With the implementation of the labor contract law,it has achieved remarkable results in a certain degree,such as the increasing rate of signing labor contract,the short term of labor contract,the more and more standard of the contents of the labor contract and the increasing coverage of the social insurance.But at the same time,it has also exposed many practical problems,such as the wide application of the labor contract in the labor contract relief system,the excessive inclination to the protection of the workers,the limitation of the employer’s employment autonomy,and the concept of the system of non fixed and periodic labor contract.Ambiguous,easy to cause ambiguity;the application scope and payment standard of the economic compensation fund in the labor economic compensation system are not reasonable,the single economic compensation payment standard,the neglect of the age of the older workers,the imperfect labor dispatch system in our country,the deficiency of the trade union of the enterprises,the market access mechanism of the dispatching organization It is perfect;there are defects in the processing procedure of the labor dispute handling system in our country,and the mediation,arbitration and litigation procedure not only have various problems in themselves,but there is also a lack of coordination and effective cohesion between the three.The common causes of the existing problems in the labor contract law have both the existing problems of the legislation itself and the complicated and changeable aspects of the labor relations itself.Therefore,the labor contract law of China should take strong and effective measures to its existing problems with the change and development of the socialist market economy in our country,such as the proper provision of the scope of the application of the labor contract,the definition of the conclusion of the unfixed term labor contract,the scope of the adjustment of the application scope of the labor economic compensation.Paying standards,perfecting labor dispatch system and perfecting the procedure of labor dispute,so as to effectively adjust labor relations,protect the legitimate rights and interests of workers,build a stable and harmonious society,and promote social progress. |