On The Balance Of Labor Benefits Under The Framework Of Labor Contract System

Labor relation is one of the most basic social relations,labor relations both sides,namely laborer and unit of choose and employ persons.The key lies in the balance of interests.The balance of labor interests not only helps to maintain the stable development of market economy,but also promotes the supply-side structural reform in China.It is only by balancing the interests of Labour and Labour that a new round of global games can be dealt with with greater power.Since its promulgation in 2008,the labor contract law has adhered to the principle of protecting the laborers,safeguarding the legitimate rights and interests of the workers and achieving the initial balance of the interests of the workers and the workers.The introduction of labor contract law basically solves the situation that the labor relations in the former stage are chaotic and the labor interests are unbalanced.However,the law as a superstructure has a certain lag behind the economic foundation,and no laws and regulations are not in keeping with The Times,and the labor contract law is no exception.It has been ten years since 2008,and the advent of the innovation era has gradually revealed that the law is not compatible with today's social development.With the deepening of the reform,some provisions are becoming more and more unsuitable for the development of the new era.On the one hand,the labor contract law has a large number of over-slanting provisions to protect the laborers,so that the rights of the laborer and the employer are not equal,for example,the right to terminate the notice of the laborer.Workers often by telephone or orally inform employers and unilaterally rescind the labor contract,so that enterprises increase the cost of employment.On the other hand,the law to specific enterprise did not distinguish,general law to operation of the enterprise a lot of restrictions,make part of the corporate interests is damaged,hindered the free development of the enterprise,the indirect damage the existing market order.In addition,the problems such as unsound labor union system,imperfect function and lack of independence have not played the role of balancing labor interests.The above defects and deficiencies make it difficult for the labor contract law to realize the legislative purpose of balancing the labor interests and constructing harmonious labor relations under the current social development.Under the framework of labor contract law "the article discusses the balance of labor interests,the content of the research are conducted in the implementation of the" labor contract law "under the current,comprehensive analysis of the development of our country labor interests balance,and expounds the present situation of the implementation of labor contract law,thus come to the conclusion that labor interests to imbalances at present stage,looking for unbalance reasons,and puts forward some advice about balancing the interests of the collective.This paper mainly divided into the following several parts:The first part mainly introduces the basic concept,connotation and characteristics of labor interests balance,based on the related concepts,profound understanding the importance of the interest balance between laborer and unit of choose and employ persons.In addition,it also summarizes the development process of labor relations and labor interests in China.The second part is the investigation of the relevant system of foreign countries.This paper introduces the specific provisions of the United States,Germany,Japan and Russia to promote the balance of labor interests,and summarizes them to provide reference for finding the balance of labor interests in China.The third part through the analysis of relevant cases,come to the conclusion that the collective benefit imbalance in China at the present stage,and analyses the manifestation of imbalance,mutual rights imbalances,disequilibrium of enterprise cost,and imbalance of "labor contract law" legislation to protect and summarize unbalance reasons,points out that the factors hindering the research on the collective interests balance.The fourth part is based on the analysis of the above content,making Suggestions.First of all,in the aspect of legislation,improve the "labor contract law" the relevant legislation,such as the forecast of labor contract termination right system,the differentiation of unit of choose and employ persons should be specific,and give appropriate protection,especially small and medium enterprises or small enterprises,etc.Secondly,it is necessary to perfect the role of third-party coordination mechanism in dealing with labor disputes,improve labor union system,strengthen the independence of labor union,and promote the balance of labor and labor interests.