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    "No Fixed Term Contract" Some People Are Happy And Worried.

    2008/1/19 15:59:00 41803

    As one of the brightest highlights of the labor contract law, the term "non fixed term contract", which is used to solve the unstable labor relations in China for a long time, has caused a series of shocks.



    Chen Jianlong, deputy director of the Guangzhou labor and Social Security Bureau, said in an interview with reporters that the implementation of the provisions of the "no fixed term labor contract" will not only become a burden on the enterprise, but will also help solve the long-standing problem of labor relations instability, and is conducive to the long-term development of enterprises.

    In addition, the new law has provided more flexibility to the operational redundancies of enterprises, and enterprises need not worry too much.



    Employee complaints



    Excellent employees are fired because of their long working hours.



    The 46 year old sister has worked in a Guangzhou storage and pportation company for 26 years. In October this year, she and more than 50 veteran employees were notified at the same time. The company said that after the October contract expired, it would no longer renew contracts with them.

    "The longest working age of these people has been more than 30 years. After working for so long, everyone has deep feelings for the company. At this age, it is too difficult to find other jobs."

    Sunny sister told reporters that most of them joined the work before September 30, 1986. Although the company has made economic compensation for all employees who terminate the contract according to the current labor contract law, the company's practice is not illegal, but employees are convinced that the company's behavior is to avoid the implementation of the labor contract law and do not want to sign a fixed term labor contract with them, which is very helpless for the old staff.



    A few days ago, at a consultation on labor contract law organized by the provincial and municipal trade union system, several veteran employees from a five star hotel in Guangzhou also told reporters about their suffering. Because the service life of the hotel was too long, the unit terminated labor relations with more than 40 old employees, and the shortest length of service was over 10 years.



    Another employee, Ms Lau, said that many of these old employees were "excellent employees" of the unit. The head of the personnel department of the unit also told everyone in public that their performance during the tenure of office was good, but that the labor contract law had to be implemented. If all of them signed a fixed term labor contract, the cost of employing the employer would rise, leaving only the old staff to leave.



    Enterprise concerns



    What about employees who do not want to quit?



    Although no practice has been taken to terminate the labor contract like the two enterprises mentioned above, there are not many minority enterprises and units that have strongly questioned the term "no fixed term labor contract should be fixed for ten consecutive years".



    "Why can a worker choose to continue to work in accordance with his own intentions, and the enterprise has no choice but to maintain him?"

    Mr. Li, director of personnel affairs of a network company in Tianhe District, raised such doubts.

    He believes that the development of enterprises needs to get rid of the new ones. The operation mode of enterprises at home and abroad is not based on their own efficiency. If the new labor law is implemented, it will bring serious aging of enterprises and can not get a virtuous circle. In fact, it is the government's social welfare responsibility that should be borne on the enterprises, which will bring adverse effects on the development of enterprises and even the economy.



    "No fixed term contract actually makes a hypothesis that only two categories of workers are black and white, one kind is very poor, which is suitable for dismissal conditions, and the other is excellent and fully in line with the needs of enterprises.

    In fact, there is a middle grey area. There are some employees who do not want to, but do not meet the conditions of dismissal. What about this kind of employer?

    Mr. Li expressed this view without complaint.

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