On the China labor contract without a fixed term of the System_11710

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 <<of the PRC Labor Contract Law "> enactment, help protect the Lawful rights and interests of laborers, but some pArts of the system there are defe

2、cts in the design, the labor market in China will 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

3、corresponding countermeasures and suggestions to 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

4、, in order to avoid legal obligations entered into 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 co

5、untry, SMEs and non-public enterprises to sign labor 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

6、 most are short-term contracts, signed a one-year performance of, or even signed a few year. This makes the <"Labor Law"> Diershitiao's designed to protect the legitimate interests of workers, employers avoid the golden age of workers with completed after the abandonment of the l

7、egislative purpose of working hard to achieve. In this context under the eye of the long-awaited latest <"Labor Contract Law"> finally born, the law protects workers from the multi-channel legitimate rights and interests, as hundreds of millions of workers protect their rights "

8、protection." As the year 2008 January 1st, the implementation of the labor contract law, corporate reflect the most strongly that <"Labor Contract Law"> Article XIV, namely: workers in line with the employing unit for ten years or the conclusion of two consecutive fixed-term lab

9、or 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 of labor, fear no fixed term contract employees will become "permanent employees" to make employees lack a sense of c

10、risis 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 company was worried that the factors that have misread the law, no fixed term labor contract system es

11、tablish 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 market economy run. However, because our country without a fixed term labor contract system, the relevant

12、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, although it will not set back to the previous system of permanent workers, but also bring many new problems .

13、 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 Year's Day in 2008 must take the initiative to resign, then competition, they will be signed with th

14、e 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 people will be laid off, the evening of November 6, a central Sichuan is a business the company has

15、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 purpose of the labor contract law? during the transition period, the number of staff cuts by enterpri

16、ses 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 high cost and the risk of conflict with the law to lift the labor contracts with employees, to avoid

17、 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 negative effects, reduce legal risks? Second, without the connotation of a fixed term labor contract

18、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 workers the validity of contracts, labor relations in the labor the legal working age persons and bu

19、sinesses 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, especially Western countries, in order to reduce the unemployment rate and stable labor relations, to achi

20、eve 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 and contrary to the use of fixed term labor contract as the main form. Although this form of lab

21、or 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 in a predatory on the use of labor. This kind of fixed term dominated the labor contract, and the

22、 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 stability. Although there is no fixed-term contract issue as early as 1995, <"Labor Law">

23、 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 country's short-term period, the employer "labor golden period" employment characteristics. In this non-standa

24、rd 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 investment, corporate earnings can not be guarant

25、eed, 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 safeguard the lawful rights and interests, and promote

26、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 with t

27、he 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 are

28、 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. Ma

29、ny 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 design o

30、f 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 workers w

31、ith 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 aged q

32、uestions, 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 demands

33、 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 worke

34、rs, 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 willing

35、 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 to

36、 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 ol

37、d 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 of

38、 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 enterp

39、rises 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 repe

40、at 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 the

41、 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 ris

42、e in wages and other requirements, companies do not promise and then did not renew the contract, according to <"Labor Contract Law "> requirements, companies should bear the adverse consequences of refusal is clearly inappropriate, it is clear that such a provision to increase the bu

43、siness risk .3, without a fixed term 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 pres

44、sure of unemployment, unwilling to learn 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 o

45、f the employer's personnel appointment 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 l

46、ost to terminate the maintenance contract 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 wor

47、kers, but without a fixed term labor contract 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

48、Pearl River Delta thousands of manufacturing 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

49、 cost of management over the psychological 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

50、 inevitably reduce the new job seekers enter 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 graduate

51、s recruited, the recruitment process will be more stringent qualification requirements of the graduates will be increasingly high, the employment threshold increasing the job seekers in the present, to the severe employment situation is even more difficult for a job. It may also result in waste of h

52、uman resources is not conducive to full employment society, many job seekers, "underappreciated." 3, while taking into account the international inequality between employers and employees, information asymmetry, etc., the protection of workers labor law is tilted a practice, but because We

53、stern countries have established strong trade unions are established, employers can effective game, and a relatively sound social security system. The present stage is still a developing country, economic underdevelopment, social security system are far from perfect, the labor market oversupply, cou

54、pled with the accelerated process of urbanization the large number of surplus rural labor to urban employment, labor market supply and demand will increase further, in this situation, we simply copy the Western developed countries, is obviously inappropriate. Fourth, how to deal with non-fixed term

55、labor contract system flawed proposal (A) the employer shall identify the labor contract without a fixed term positive factors and avoid inefficiency, overstaffing and other negative effects, it is necessary to establish a sound management system to adapt to non-fixed term labor contract system of s

56、ystems. 1, designed without a fixed term labor contract. Without a fixed term contract may last for years or even decades, without a fixed term contract, so the text must take into account its long-term use of this feature, the contents statements on the need to adapt to long-term use, such as work

57、content and place of work, remuneration and so must be specially designed. law allows termination of the labor conditions of the contract, because without a fixed term labor contract expires end does not exist, so employers need to fixed-term contract in the absence of the conditions of termination

58、agreement in detail. 2, the actual salary incentives to increase the assessment part. Because no fixed-term contract signed, the workers do not have to worry about unemployment, to motivate employees to work effectively, the employer must make adjustments on the wage structure, increase the proporti

59、on of part performance appraisal, performance is not contract employees can only get a good basic wage, the employer can not be part of an additional payment based on performance. (B) from a fixed-term contracts with no fixed term contract staff two-way reform will be fixed-term contracts with no fi

60、xed term contracts and the market economy defined as two linked form of employment. Without a fixed term contract should reflect the legal limit in accordance with their respective possible variations of the situation, both parties have a legitimate reason to terminate the contract if the employer is not justified dismissal system should be economic