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    How Can Modern Enterprises Not Be Responsible For Employees?

    2008/3/12 12:26:00 41687

    "An enterprise that can not give employees a sense of professional stability is an irresponsible enterprise."

    Some members questioned.



    How can modern enterprises be not responsible for employees?



    "An enterprise that can not give employees a sense of professional stability is an irresponsible enterprise."

    In the past two days, in response to some voices against the "no fixed term labor contract" on the ground of "interference in the autonomy of enterprises", many CPPCC members have urged that enterprises and employees should be encouraged to establish long-term and stable labor relations through the implementation of the labor contract law.



    "It is not only irresponsible for an enterprise to lower the cost of employment by firing employees at will, but it is difficult for enterprises to make significant progress."

    Li Haibin, a member of the National Committee of the Chinese people's Political Consultative Conference (CPPCC), talked about one thing he experienced personally. Last year, his company ordered a batch of grinding heads to a Swiss enterprise, but the other party was unable to supply the production capacity. The Chinese enterprises asked them to recruit workers to expand their production scale. However, the company refused to do so. The reason is: "your order will only arrive in 2012. What will we do when we recruit these workers?"

    "This thing touches me very much.

    It is not a shame to think of some of our enterprises who dismiss their employees at will. Even after the introduction of the labor contract law, they openly oppose it. It is really a heavy heart.

    The remarks made by committee member Li Haibin resonated with many members.



    Wang Junjin, chairman of the CPPCC National Committee and chairman of the Jun Yao group, suggested: "let's first learn about the labor contract law. There is a fundamental difference between long-term employment and" iron rice bowl ", because even if there is no fixed term labor contract, the enterprise can also be relieved. Moreover, compared with the labor law, the responsibility of the enterprise to terminate the contract has not increased.

    He said, "we are all from small businesses. We can understand that some small businesses seem to be in a panic because of various reasons.

    Looking at the growth of a successful enterprise, only by working together with employees can enterprises develop for a long time.



    At present, the short term labor contracts have seriously affected the maintenance of workers' rights and interests and the harmonious and stable labor relations.

    Before the implementation of the labor contract law, the duration of the labor contract in China is less than 1 years, accounting for about 60%.

    Starting from enhancing the stability of employment, the fourteenth clause of the labor contract law stipulates that the employer should conclude three contracts without fixed term labor contracts.

    At the same time, in order to get in and out of labor and maintain the vitality of the labor market, it is stipulated that the employment contract can be terminating when the objective economic situation of the employer has changed in the way of management.



    "The labor contract law adheres to the basic system of two-way choice between employers and workers. The implementation of this law will not lead to rigid employment mechanism."

    Tu Huilong, a member of the CPPCC National Committee, believes that the provisions of the labor contract law increase these beneficial workers, which is what enterprises should and must do.



    Wang Lin said that the labor contract law will also lead the conceptual change in the field of labor relations while standardizing the employment behavior of enterprises and guiding the establishment of new labor relations.

    "Only those responsible for employees are good companies that are willing to shoulder social responsibilities, but enterprises that cannot afford social responsibility are hard to achieve sustainable development."



    "Self employment" is not "arbitrary dismissal".



    "The autonomy of enterprise employment does not necessarily mean" free dismissal ".

    In the past two days, around the implementation of the "labor contract law" triggered by the "non fixed term labor contract" whether "interfere in the autonomy of employment" topic, a number of CPPCC members said in an interview, correctly understand the autonomy of employment is crucial.



    The autonomy of employment includes recruitment, dismissal, labor management and other rights.

    "However, the autonomy of employment of enterprises can not be expanded indefinitely, and the right of employment and employment of workers can not be harmed."

    Li Binsheng, a member of the CPPCC National Committee, said that a correct understanding of the autonomy of enterprises must be based on the particularity of labor commodities.



    He believes that the labor force commodity is different from the general commodity, and the labor market is different from the general factor market.

    First, the labor force involves many basic human rights problems in the process of its use. Two, in the contrast of labor and capital strength, the laborers, especially the single workers, are in the weak position, which determines the need for the intervention of the state public power to protect workers. Only in this way can we correct the unbalanced labor relations.



    Therefore, we must never regard the autonomy of enterprise employment as a free disposal of employees as ordinary commodities. The autonomy of enterprise employment must be regulated by national laws and must be restricted by the collective strength of laborers, namely trade unions.



    It is understood that in the decision making concerning the vital interests of workers, the market economy countries have implemented the "joint decision system" with different degrees of labor and capital without exception.

    As for the dismissal and layoffs directly related to the "rice bowl" of employees, it is necessary for the employers and employees to make repeated negotiations and negotiations, and never to act unilaterally according to the wishes of the enterprises.



    Some members said that the reason why there is no fixed term labor contract is simply interpreted as "interference in the autonomy of enterprise employment". There are many reasons for this. If we do not have a comprehensive understanding of the substance and content of the law, there will be misreading and misunderstanding about the autonomy of employment.

    In addition, some employers have not strictly adhered to the labor law and other labor laws and regulations for a long time, and it is also an important reason why it is difficult to adapt the requirements of the labor contract law to regulate employment behavior at all times.



    "In the past, enterprises did not attach much importance to the long-term contracts of some auxiliary staff. Once needed, temporary recruitment is very difficult, which affects the normal operation of enterprises."

    Jin Jianhua, general manager of the National Committee of CPPCC and the general manager of Shanghai Pei Luo Meng, said that the labor contract law urged enterprises to standardize their employment, especially by setting up an unfixed term labor contract to guide enterprises to establish long-term and stable labor relations with their employees, which is ultimately beneficial to the development of enterprises.



    A temporary and turbulent position is hard for employees to establish feelings with enterprises. Long-term stable labor relations will make employees regard their enterprises as their own homes.



    The entrepreneur committee calls for the correct treatment of non fixed term contracts.



    Let enterprises and workers' "rice bowl" be more stable.



    "Signing an unfixed term labor contract has really stabilized our workforce."

    Liu Jinhu, chairman of the CPPCC National Committee and chairman of the board of directors of Jinlong group, said in an interview with reporters, "this year, we will never be troubled by the" dug "of others.



    More than 3 months since the implementation of the labor contract law, the most misleading part of the labor contract law is the terms of the contract with no fixed term. Some entrepreneurs and even famous scholars have "exclaimed" this clause to make the labor employment return to the "iron rice bowl" era of the planned economy.

    Liu Jinhu was very puzzled about this. He solemnly told reporters that "the cost may increase, but the problems such as the increasing cost of social pmission and the restriction of employment rights have not appeared."



    According to Liu Jinhu, Jinlong group has been engaged in the highway engineering industry for 30 years. The highway bridge is a professional and technical complex industry, and the cost of training modern traffic construction and pportation technology workers is also very high.

    Although labor contracts have already been signed with workers, enterprises are still worried about the large number of employees losing their jobs at the beginning of each year.

    Liu Jinhu said, "we can also understand employees. After all, our contract is only two or three years old, and employees will think about what they will do in the future."



    "If you sign a non fixed term labor contract, you can greatly increase employee's sense of belonging."

    Liu Jinhu is very grateful to those employees who grow up with their enterprises. "After all, a temporary and volatile post is hard for workers to establish feelings with enterprises, and long-term stable labor relations will make employees regard their enterprises as their own homes."



    "This is also good for enterprises. For a developing enterprise, no one does not want to have a group of loyal and stable employees."



    "Skills can be retrained, but the feelings with employees can not be cultivated overnight."

    Liu Jinhu talked about the positive significance of unfixed term labor contracts to enterprises and employees.

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