The past seven decades witnesses a stage marked by"ossification-consolidation-emptiness"as regards domestic labor relationship.It is highly probable that China is to be inaugurated by the stage of"falsi...The past seven decades witnesses a stage marked by"ossification-consolidation-emptiness"as regards domestic labor relationship.It is highly probable that China is to be inaugurated by the stage of"falsification"in forthcoming days.A major cause is rooted in that labor relationship is the output of economic development that would request that labor relationship chime with it.The development course of labor relationship since the founding of PRC explicitly evinces that"flexibility"might be incurred in case labor relationship fails to align with economic development and with demands of marketing competitiveness.It might even propel main bodies of labor relationship to circumvent labor laws,as is verified by prevalence of large-scaled labor dispatching,and of"labor dispatching under the disguise of outsourcing".Lawmakers thus need to further ruminate over degree of tolerance on labor legislation.展开更多
Labor Contract Law receives mixed evaluations since its implementation.The call for the amendment is hot and even some scholars regard it as the"tiger in the road"which hinders the economic development. The ...Labor Contract Law receives mixed evaluations since its implementation.The call for the amendment is hot and even some scholars regard it as the"tiger in the road"which hinders the economic development. The Central Committee of the Communist Party of China pays high attention to the construction of harmonious labor relation and the amendment has been a top priority. Labor Contract Law leads to two"deadlocks"of which the entrepreneurs are afraid. The first one is that the non-fixed term labor contract cannot be cancelled and the second one is that they must pay the economic compensation at the expiration of contract. These two rules hinder the employment enthusiasm of entrepreneurs. The current laws have excessive expectation for the non-fixed term labor contract and too strict regulations; as for the economic compensation at the expiration of contract, it increases the enterprise cost. The amendment of these two articles will benefit the recovery of Chinese economy and make the labor relation more harmonious.展开更多
The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need...The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need to focus on the coordination of relationship between central and local labor standards legislation,on special problems of sectors or industries,on coordination of special industries and general industries. in addition to many other historical factors. The introduction of labor standards legislation must be based on a good familiarity of current situation and international labor standards,the frequent points of labor disputes in China,and the specific characteristics of different regions and industries,which is also the mission and responsibility of the legislators.展开更多
基金a stage achievement of “A study on how labor standards respond to collective clash between capital and labor under the new normal”a National Social Science Fund Project(15BGL184)
文摘The past seven decades witnesses a stage marked by"ossification-consolidation-emptiness"as regards domestic labor relationship.It is highly probable that China is to be inaugurated by the stage of"falsification"in forthcoming days.A major cause is rooted in that labor relationship is the output of economic development that would request that labor relationship chime with it.The development course of labor relationship since the founding of PRC explicitly evinces that"flexibility"might be incurred in case labor relationship fails to align with economic development and with demands of marketing competitiveness.It might even propel main bodies of labor relationship to circumvent labor laws,as is verified by prevalence of large-scaled labor dispatching,and of"labor dispatching under the disguise of outsourcing".Lawmakers thus need to further ruminate over degree of tolerance on labor legislation.
基金Projects of the National Social Science Foundation of China“research on the response of the labor standard under new normal for the group hostility between capital and labor”(15BGL184)
文摘Labor Contract Law receives mixed evaluations since its implementation.The call for the amendment is hot and even some scholars regard it as the"tiger in the road"which hinders the economic development. The Central Committee of the Communist Party of China pays high attention to the construction of harmonious labor relation and the amendment has been a top priority. Labor Contract Law leads to two"deadlocks"of which the entrepreneurs are afraid. The first one is that the non-fixed term labor contract cannot be cancelled and the second one is that they must pay the economic compensation at the expiration of contract. These two rules hinder the employment enthusiasm of entrepreneurs. The current laws have excessive expectation for the non-fixed term labor contract and too strict regulations; as for the economic compensation at the expiration of contract, it increases the enterprise cost. The amendment of these two articles will benefit the recovery of Chinese economy and make the labor relation more harmonious.
基金a staged achievement of the project of The National Social Science Fund of China,“A study on how labor standards respond to collective clash between capital and labor under the new normal”(15BGL184)。
文摘The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need to focus on the coordination of relationship between central and local labor standards legislation,on special problems of sectors or industries,on coordination of special industries and general industries. in addition to many other historical factors. The introduction of labor standards legislation must be based on a good familiarity of current situation and international labor standards,the frequent points of labor disputes in China,and the specific characteristics of different regions and industries,which is also the mission and responsibility of the legislators.
