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The Crisis And Outlet Of The New Labor Contract Law

2008/7/16 17:38:00 14

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At the end of the 2007 years, there is a lot of disputes between labor and capital. The potential troubles are coexisting with the formation of the new order. The balance of the game inclines to the workers, and a more standardized new labor order emerges quietly.

The introduction of the labor contract law is the promotion of the standardization of small and medium-sized garment enterprises, especially in the aspects of employee benefits and employee benefits. It is bound to promote the development of garment enterprises from a macro perspective.

Many garment enterprises believe that they are more aware of the importance of rainy days.

But they also feel that "pressure is quite large". In the future, the binding force of enterprises will become larger and larger.

Clothing enterprises have a strong seasonality, especially during the peak season.

Generally speaking, the shipment of foreign trade documents usually takes about 1 months, and the anxious customers will have products in a week.

But such behavior is listed in the labor contract law for punishment.

Nowadays, many enterprises are lacking in different levels of overtime work and labor protection measures. After the implementation of the labor contract law, these will become the basis for workers to rescind labor contracts and obtain economic compensation from enterprises, which will inevitably bring great difficulties to the management and employment costs of enterprises.

The fact that the labor contract law, which once aroused the excitement of the whole society, has been encountered in the implementation of more than four months.

This also seems to have been predicted by some legal experts: "the labor contract law has only judicial significance at most, but does not have the law sense."

Affecting fair competition among enterprises

The enforcement of labor law contract law is not directly reflected in the fairness of competition among enterprises.

In China, the implementation of the new law has encountered three situations, namely, full implementation, limited execution or no enforcement at all.

This is very strange.

People can't help asking, why are there three totally different results?

Before solving this problem, we must mention the characteristics of the economic ownership of China's employing units. The form of economic ownership in China is the main form of public owned enterprises and institutions represented by the whole nation, the state and the collective, and the private economy taking the individual and private sectors as the main form.

As a matter of fact, after more than 50 years' development of the state, most of the public owned enterprises have a sound labor and capital guarantee system. There are clear stipulations on the signing, lifting, social insurance, overtime and vacation systems of labor contracts, and the whole implementation process is under the supervision of the trade unions, women's federations, Party committees and other groups. Therefore, the labor contract law is basically implemented in accordance with the spirit of the law, and the chances and chances of breaking the law are relatively low.

Compared with public owned enterprises, the vast majority of private enterprises are another kind of situation: the economy is small, and there is a lack of various supervisory organizations such as trade unions, Party committees, women's federations and so on.

Against this background, private business operators are naturally the best choice to avoid the labor contract law without paying the corresponding labor security costs according to the consideration of operating costs and the profit maximization nature of capital itself.

The fact is that the illegal economic cost of enterprises is obviously much lower than that of law-abiding businesses, which has given some enterprises the natural motivation to circumvent the labor contract law.

Such a result results in a de facto inequality in the operating costs between law-abiding enterprises and illegal enterprises.

Correspondingly, the implementation of the labor contract law does not mean that the labor security costs are not paid or paid less to workers, which is a hidden danger for unfair assessment of labor value cost. The pmission to the international market shows that domestic labor prices are significantly lower than international labor prices. We have achieved a temporary malformation competitiveness at the expense of the workers' future interests, making Chinese enterprises' capital expand rapidly worldwide. Unfortunately, in the past four months, we have caught up with two major global problems of inflation and energy crisis.

This undoubtedly created the truth for western countries. Western developed countries attacked China by labor standards, sought trade protection for western developed countries, used labor standards to restrict free trade, resorted to human rights, social responsibility, anti-dumping, non-tariff barriers, and squeezed the international trade and political survival space of Chinese products.

This reproves that in the face of the tide of globalization, the strength of the enforcement of the labor contract law will correspondingly contain the form and speed of China's economic intercourse with the world.

Crack down on law-abiding basis

For a certain period of time, the Chinese government's high-profile support for the labor contract law has made unprecedented changes in the power of public opinion between the two sides of the labour contract, and with the continuous continuous popularity of the media. The benefits of the labor contract law are full of temptations to labourers, which objectively provides a great impetus for the awakening of workers' awareness of rights protection.

With the promotion of education in the past year, the Chinese labourers have completed the process of equipment of legal knowledge. In the same period, the new law knowledge and equipment should also include employers.

Of course, we do not deny that they have different degrees of misunderstanding about the provisions of labor protection stipulated in the law, but this does not prevent the law from stepping onto their desk and become an important part of their overall rules and regulations.

This has laid a good foundation for the implementation of the new law.

Besides the Chinese government, the media and the workers themselves, we do not deny another power, that is, some of the legal services enterprises or individuals who originally helped to make use of all kinds of seminars and academic exchanges for the purpose of profit need, and even though the process is not worth promoting, objectively, it made the new labor contract law a popular topic before the formal implementation of the labor contract law, and played a universal role in the positive force. Its positive significance was that it objectively made the employers fear the labor contract law, instead of pushing them to the opposite of the new law, and provided the possibility for these evade enterprises to pform to the law-abiding enterprises. Of course, promoting the popularization of the new labor contract law.

But this law-abiding foundation, established in a short period of a year, seems not to be stable. Once the new law can not be stopped for nearly four months, it will not only push the companies who are in awe of the new law to the side of the law, but also turn the original law-abiding employers back to the illegal direction.

No one is willing to comply with the law that most people do not comply with at the cost of the cost, so that the chain effect of the dominoes will appear until the last lawbreaker is pushed onto this unfair and competitive arena.

When the illegal behavior of a strong capital side becomes an irresistible popular brand (global brand network), it will not only put the new law on the verge of de facto collapse, but also the psychological balance of the Chinese labourers who are in a weak position in the positive effect of the early promulgation of the law will be broken and pformed into a loss of confidence in Chinese law, which will be a disruptive blow to the law-abiding basis of Chinese society.

The way out for the new labor contract law

The twists and turns encountered in the labor contract law for more than four months can be regarded as a technical problem. If we earnestly study it, we firmly believe that we can find a solution.

It is said that Shanghai has done relatively well in implementing the labor contract law, which is related to the strong promotion policy of the local labor supervision department.

In the absence of trade unions and other labor rights protection organizations endorsement, only the labor supervision departments give full play to the role of supervision and implementation, the labor contract law can be implemented, which provides us with a solution to the problem.

How can we maintain the fairness and authority of the labor contract law and not to combat the enthusiasm of these employers?

This requires us to first solve the business rules of enterprises, if an enterprise business cost is lower than the labor law-abiding cost it paid, this enterprise is willing to pay the cost.

The start-up cost of private enterprises, especially small and medium-sized private enterprises, is quite high.

Some experts have been calling for a lot of unreasonable fees, such as management fees and management fees of individual businesses, and we often hear private enterprises complain about financing difficulties, various industrial and commercial examination and approval procedures, and many other policy problems.

In fact, the new law is based on such a basis, which has caused many private capital to encounter a difficult problem. The implementation of the labor contract law will inevitably lead to an increase in labor costs, reflecting the rise in operating costs of enterprises.

We recall that HUAWEI, WAL-MART, and a large number of small and medium-sized enterprises, such as the "zero clearance" campaign and the big layoffs and avoiding the law movement, all have this kind of nature. These can be seen that when the cost of the enterprise is greatly increased by the law, enterprises are generally or explicitly holding a boycott mentality or action.

Under the condition that they are already burdened with burden, it is a kind of cost pressure which is unwilling to bear for enterprises.

From the point of view of system theory, the introduction of a law is not a single project. If the whole body is moved, it will affect the interests of many parties and reconcile the interests of all parties. Finally, it can be accepted by every contradictory party. From this perspective, we have to review our entrepreneurial system for enterprises.

The implementation of the labor contract law should be more than just a compulsory enforcement process. It should be a systematic project based on the joint development of the three parties of the social workers and enterprises. This system requires a series of supplementary measures such as the government's matching tax, corporate responsibility, administrative fees, and even policy tilt to ensure the implementation of the new law.

The implementation of the labor contract law should be a win-win process between the three parties of the government, employers and workers.