《On the China labor contract without a fixed term of the System_11710.doc》由会员分享，可在线阅读，更多相关《On the China labor contract without a fixed term of the System_11710.doc（8页珍藏版）》请在得力文库 - 分享文档赚钱的网站上搜索。
1、On the China labor contract without a fixed term of the System Paper Keywords no fixed term labor contract Law fixed term Abstract version enactment, help protect the Lawful rights and interests of laborers, but some pArts of the system there are defects in the design, the labor market in China will
2、 adversely affect the healthy development. This paper from the study without a fixed term labor contract system, a number of problems, we should clarify its content, analysis and find our current non-fixed term labor contract system deficiencies, and corresponding countermeasures and suggestions to
3、our country without a fixed term labor contract system be beneficial to the improvement. Because of the long-term oversupply of labor, there are some employers do not sign labor contracts with workers, casual labor relations, abuse of the trial period, in order to avoid legal obligations entered int
4、o short-term labor contracts, free employment restrictions and reasonable flow of labor, the collective contract rate is not high or even a mere formality and so on. NPC Standing Committee Law enforcement inspection of a labor Law shows that in our country, SMEs and non-public enterprises to sign la
5、bor contracts less than 20%, the signing of the individual lower rates of economic organization . The survey also showed that non-fixed term contracts signed all labor contracts only 29.6%, 70% of the labor contract is a fixed term labor contract, and most are short-term contracts, signed a one-year
6、 performance of, or even signed a few year. This makes the Diershitiaos designed to protect the legitimate interests of workers, employers avoid the golden age of workers with completed after the abandonment of the legislative purpose of working hard to achieve. In this context under the eye of the
7、long-awaited latest finally born, the law protects workers from the multi-channel legitimate rights and interests, as hundreds of millions of workers protect their rights protection. As the year 2021 January 1st, the implementation of the labor contract law, corporate reflect the most strongly that
8、Article XIV, namely: workers in line with the employing unit for ten years or the conclusion of two consecutive fixed-term labor with contract conditions, the employer shall make no fixed term labor contract. many companies have doubts about, worried that this mechanism will reduce the flexibility o
9、f labor, fear no fixed term contract employees will become permanent employees to make employees lack a sense of crisis and reduce the efficiency of labor, does this mean iron rice bowl era of the return? Although the State DepArtment of Labor has repeatedly guide the main rug, pointed out that the
10、company was worried that the factors that have misread the law, no fixed term labor contract system establish and perfect, can effectively protect the legitimate rights and interests of workers, to mention the economic benefits of Taipa storage industry to ensure the good order of the socialist mark
11、et economy run. However, because our country without a fixed term labor contract system, the relevant provisions are too vague and simple rough, the lack of operability, it is difficult to achieve the legislative intent, regardless of the unskilled workers or employers is a kind of pressure, althoug
12、h it will not set back to the previous system of permanent workers, but also bring many new problems . First, the problem of the origin of Begin by the end of September 2007, Shenzhen Huawei worked for 8 years more than 7,000 employees to submit resignation to the company, and provides before New Ye
13、ars Day in 2021 must take the initiative to resign, then competition, they will be signed with the company 1 to 3-year labor contract , Oct. 22, Wal-MArt Global Procurement Center and layoffs of more than 200, which in Shenzhen, China. Shanghai, Dongguan and other divisions, a total of about 100 peo
14、ple will be laid off, the evening of November 6, a central Sichuan is a business the company has not yet expired labor contract workers into the labor dispatch supernumerary companies . . such a dense large-scale enterprises layoffs to adjust the human resource strategy to avoid the need for or purp
15、ose of the labor contract law? during the transition period, the number of staff cuts by enterprises caused surprise as we Thoughts: First of all, no fixed term labor contract what? any restrictions on business ? Why talk about the mere mention of business? Second, companies hesitate to make the hig
16、h cost and the risk of conflict with the law to lift the labor contracts with employees, to avoid signing a labor contract without a fixed term is rational behavior? again, how to play without a fixed term labor contract positive role in sustainable development of enterprises while reducing its nega
17、tive effects, reduce legal risks? Second, without the connotation of a fixed term labor contract The so-called non-fixed term labor contract, labor contract is a contract the pArties agreed only to the agreed start date does not terminate the labor contract 13. It is not clear that employers and wor
18、kers the validity of contracts, labor relations in the labor the legal working age persons and businesses within the period of memory in the presence of only in compliance with the statutory or agreed under the conditions of the employment relationship was terminated. Currently, the world, especiall
19、y Western countries, in order to reduce the unemployment rate and stable labor relations, to achieve optimal allocation of human resources, are constantly improving legislation, the implementation of non-fixed term labor contract system. In China, it has been the mainstream of international practice
20、 and contrary to the use of fixed term labor contract as the main form. Although this form of labor contract more flexible, but has shown a lot of drawbacks, such as high labor mobility, can not form a continuous collective strength, can not form a group of skilled sectors such as skills, resulting
21、in a predatory on the use of labor. This kind of fixed term dominated the labor contract, and the signing of non-fixed term labor contract is an exception, and limits on the practice of economic development is inconsistent with fair competition, freedom of choice, is not conducive to social stabilit
22、y. Although there is no fixed-term contract issue as early as 1995, already defined, but due to lack of specific operational, in real life very few companies and workers without a fixed term labor contract signed, Zhe labor Hetong showing our countrys short-term period, the employer labor golden per
23、iod employment characteristics. In this non-standard concept of employment, companies do not want to carry out the necessary human capital investment, but rely on Lao Dongli Shichangzhaopin Suo the personnel needed, so that employees frequent job-hopping phenomenon, leading to focus on human capital
24、 investment, corporate earnings can not be guaranteed, with the result of lack of enterprise human capital investment. In the long perspective, enterprises, workers and government in terms of both negative, and ultimately will affect the sustained, stable and healthy development. Therefore, to safeg
25、uard the lawful rights and interests, and promote harmonious and stable labor relations, from the legislation necessary to take measures to curb short-term labor contracts, New Labor Contract Law was born. Third, no fixed term labor contract system defect analysis New Labor Contract Law compared wit
26、h the old law, there are a lot of progress, in particular, reflects the weak protection of workers, prevent them from old and unemployed. In the increasingly fierce competition for jobs, the protection of the rights of workers, it is necessary to get is worthy of recognition, but in practice, there
27、are some problems: (A) the job security is set to a common objective and reasonable 1, different regions and different habits of workers for job security requirements are different. Short-term labor contract is an urgent problem, but not all workers agree that the labor contract as long as possible.
28、 Many of the workers is a year cycle of migrant workers, the year in the New Year before deciding whether to go out, whether to change the workers in the city or business. more than one year of the contract, there is no value to them, and sometimes even prevent their employment options, so the desig
29、n of the system without should be across the board, but should analyze specific issues. 2, workers of different ages have different requirements for job security. In contrast, middle-aged workers required for the job security would be more urgent, and young workers are not strong, middle-aged worker
30、s with stable employment before retirement desire compared to some of the short duration of the contract, the company uses only the adolescent workers, so many middle-aged workers face unemployment risk. if only to see the latter, even if the system is designed to solve the employment of workers age
31、d questions, can not avoid the anxiety of other professional workers, if only the former scruples, businesses and young workers may be in the labor contract signed 3O, but more than 5O years of age in its termination of the contract, so that the unemployed workers. 3, different levels of worker dema
32、nds for job security is also different. I believe that workers in different labor positions and different nature of production and operation of the employer, on the labor contract requirements are also different. Generally speaking, a certain amount professional skills or management experience of wo
33、rkers, employment and capital side competitive ability to compete, they want to continue the process of exercising the right of choosing their own to find the best employers and jobs, they do not want A company with a long term contract signed, on the contrary, the employer of these workers are will
34、ing to sign long term labor contracts, in the simple production and services enterprises in labor-intensive employment of workers, because of its labor force Alternative strong role in the labor supply and demand, the vulnerable to the threat of unemployment, once they are discharged or the employer
35、 to terminate the contract, it is difficult to find new jobs, so they want to sign with the employer no longer term or even fixed term labor contract, the employer short-term labor contract is the main object of this part of workers. (B) increase the burden and responsibility of enterprises 1, those
36、 old and sick workers to stay in business, the state passed its own in the functions of social security, business is the pursuit of economic interests as the goal of the legal person, how could allow enterprises to give priority to the interests of society do? This is clearly contrary to the purpose
37、 of establishment of enterprises, so in this case will lead to new conflicts, but also to point the spearhead of a series of labor conflicts. For example, less than a decade began to layoffs, etc., in the same market, would effectively erode competitiveness, in particular, the competitiveness of ent
38、erprises is not conducive to healthy growth of enterprises in the former state-owned enterprise reform and vigorous, is to avoid excessive burden on the state-owned enterprises, to avoid unfair competition in the market, and provides broadened even without range of fixed-term labor contracts, will r
39、epeat the same mistakes, so that the road has gone through to become futile. Moreover, this shift of social security over the functions of state-owned enterprises may be overwhelmed, a large outbreak of massive layoffs. Links to free papers Download Center :/ 2, in the case of mandatory renewal, if
40、the companies do not renew, then we should take twice the monthly wage paid to workers compensation. to renew the labor contract confined conditions before signing the contract period or the number of times is not reasonable because the contract includes many aspects, if the worker made the renewed
41、rise in wages and other requirements, companies do not promise and then did not renew the contract, according to requirements, companies should bear the adverse consequences of refusal is clearly inappropriate, it is clear that such a provision to increase the business risk .3, without a fixed term
42、contract staff will certainly enhance the stability of employment units belonging and solidarity, but its nature of being too strong will power and progressive loss of employees, many signed a labor contract without a fixed term employees because there is no pressure of unemployment, unwilling to le
43、arn and accept new knowledge, leading to their knowledge of aging, but also enable enterprises to keep up with the pace of technological progress or even slack situation. and this position adjustments for workers is limited and will directly undermine the right of the employers personnel appointment
44、 and removal, if a violation of company workers behavior but does not meet the statute conditions provided by law, employers are not free to resign, will directly affect the internal management, thus putting a heavy burden on the enterprise, the enterprise lost to terminate the maintenance contract
45、expires, the ultimate interests of enterprises means. (C) no fixed term labor contract is not fully consider the status of the labor market 1, although in real life in our short-term labor contract, the question is very serious damage to the interests of workers, but without a fixed term labor contr
46、act seems to have an overkill of the too, could eventually lead to illness and death of workers the employer is responsible for the situation faced . of continuous occurrence of several large employers dismiss employees, structural redundancies, or even the Pearl River Delta thousands of manufacturi
47、ng companies on the verge of bankruptcy or plans to relocate, many workers are facing unemployment and other events the deeper reason is due to be arrangements for employees mandatory case of sickness and death, the potential labor costs, a sharp rise in the cost of management over the psychological
48、 expectations of employers, the employers made as a rational agent is a rational response. 2, no fixed term labor contract to enable enterprises to large numbers of rigid employment system, the replacement of old and new employees to change slowly, this will inevitably reduce the new job seekers ent
49、er the labor market opportunities. So, for graduates, the job will be even more intense competition , in the legitimate trade union led by higher costs for the case of enterprises, enterprises preferred approach is to reduce the amount of university graduates recruited, the recruitment process will be more stringent qualification requirements of the gradu
黑公网安备:91230400333293403D