Government Employees' "Multi Pronged Approach" To Implement The Labor Contract Law

Members suggested that all parties should work together to find the joint point of enterprise development, employee rights and social development.

Although there are differences in understanding, the labor contract law, as a law carefully and carefully formulated after widely soliciting public opinions, represents the will of the people and is beneficial to the long-term development of the country and must be carried out and implemented well.

In recent days, the members of the committee expressed their views on the labor contract law, but they all found the resonance point in the implementation of the law. That is to call on all parties concerned to take a concerted effort to make this law truly become the "umbrella" of the rights and interests of workers and the stabilizer of the labor relations.

The government should take the responsibility.

Wang Yongzheng, the CPPCC National Committee member and general manager of Tianjin Yongzheng tailoring group, believes that in implementing the labor contract law, the government should strengthen law enforcement and create a good environment for law enforcement.

"As far as we know, many enterprises are not afraid of the labor contract law, but they are worried about unfair enforcement."

He said that regular, long-term development enterprises generally established trade union organizations, and they could abide by labor laws and regulations.

However, some small businesses are less flexible because they are more flexible and can not be punished in the short term. "

"There must be a law to follow.

If the effect of law enforcement is different, it is a great injustice for law-abiding people.

Yang Haikun, a member of the CPPCC National Committee and professor of Soochow University, said that it is imperative to strengthen the construction of law enforcing environment and make the whole society and laborers jointly supervise illegal activities.

Chen Zhilun, vice chairman of the Sichuan High Court and the CPPCC National Committee member, suggested that enterprises should strengthen the construction of grass-roots trade union organizations; labor departments should work together with the industrial and commercial departments for employment inspection; the legal departments should link up with all sectors of society to promote the popularization of law.

Interpretation of the labor contract law at a higher level

The implementation of the labor contract law may lead to difficulties faced by a number of small and medium-sized enterprises and cause a number of low quality workers to lose their jobs or obtain employment difficulties.

But the solution to this problem must not be to reduce the legal standards or to relax supervision and enforcement, and the nature of the law also determines that it is impossible to formulate different laws and labor standards for different types of enterprises.

Li Binsheng, member of the CPPCC National Committee, holds that whether the labor contract law is implemented or the law is carried out can not be divorced from the background and characteristics of China's economic and social development.

"Over the years, the development of the country has been built on the basis of sacrificing hundreds of millions of migrant workers and a large number of laid-off workers from state-owned enterprises, and realized that some people will get rich first.

If today's implementation of the labor contract law increases the cost of employing units, it is also the price that must be paid for the long-term development of the country and the nation.

Members of the Li Binsheng Committee think that it is imperative for the parties concerned to take a multi pronged approach. In particular, the government should take appropriate macro-control measures and necessary policy measures to find the joint point of enterprise development, employee rights and social development.

Wang Xuecheng, a member of the CPPCC National Committee and Deputy Procurator General of the Guangdong provincial Procuratorate, also expressed similar views.

In his view, the law has a strong universality and compulsion, not to take care of the interests of a group or individual.

If some enterprises are accustomed to the arbitrariness of the employment system, they will not be able to pay the price for the labor contract law, which is also a necessity.

"Besides, in the current labor relations, the laborers are in a weak position. Protecting the rights and interests of laborers is extremely urgent for building a harmonious society."

Members urged higher vocational training for low level workers

Use skill advantage to offset industry disadvantage

In the process of implementing the labor contract law, the small and medium-sized enterprises in the labor-intensive enterprises feel that the pressure of labor cost increase may be more obvious. Enterprises and employees should pay attention to mitigating all kinds of risks that may be brought about by the disadvantage of the industry through the upgrading of workers' skills.

Li Binsheng said.

This issue has also attracted the attention of some members.

Chai Baocheng, member of the CPPCC National Committee, believes that when formulating the detailed rules for the implementation of the labor contract law, it is hoped that the specific circumstances of different industries and industries will be taken into consideration and different approaches be implemented.

Compared with technology intensive industries, labor-intensive industries are under much greater pressure. If the pressure of labor costs increases, enterprises will not be able to manage them, or the pressure of employment should be returned to society.

"However, the law has certain stability, and the implementation rules of the labor contract law can not surpass the spirit of the parent law."

Wang Xuecheng, deputy chief procurator of the Guangdong Provincial People's Procuratorate, said that other measures could be taken to alleviate the risk of labor cost in labor-intensive enterprises.

Li Binsheng said that the key is that the government should increase its support for vocational training, build a high-quality workforce, and promote quality employment, so that enterprises can change profits from mainly low labor costs to rely mainly on technological progress to gain profits. "This is also the key to realizing the adjustment and upgrading of China's industrial structure and changing the mode of economic growth."

"Misreading" is due to ignorance of the law.

Members of Zhang Mingqi appealed to create a good law enforcement environment for the labor contract law.

The fundamental reason for the so-called "misreading incident" in the labor contract law is that some people do not accurately understand the true meaning of the relevant provisions of the labor contract law, and the best way to solve the misreading is to increase publicity so that the whole society can understand the purpose and specific content of the labor contract law.

Zhang Mingqi, vice chairman of the National Federation of trade unions and vice chairman of the all China Federation of trade unions, said recently that trade unions at all levels would take a series of actions to promote the implementation of the labor contract law.

According to the introduction of Zhang Mingqi, the trade unions of all levels and all levels will organize the training course of the labor contract law, train a number of trade union cadres who know the law and propagate laws, and take the knowledge of the labor contract law, which is popular among the community, workshops, teams and workshops, staff dormitories, etc.

"Good deeds are not enough for politics.

Zhang Mingqi said that the three party coordination labor relations conference was set up at the national, provincial and municipal levels by the labor administrative department, the trade union and the entrepreneur association.

"The trade union will promote the implementation of the law with the help of the platform of the three party to coordinate the labor relations mechanism."

Zhang Mingqi said that the trade union should take up the sacred duty of safeguarding the legitimate rights and interests of workers, timely reflect the demands of employees, and supervise the judiciary and law enforcement agencies to solve the problem of infringing upon the rights and interests of workers.

At the same time, the trade unions will increase their participation in the source, and actively promote the implementation details of the legislative departments as soon as possible.

According to members of the Zhang Mingqi Committee, after widely soliciting opinions from various aspects, including labor administrative departments, trade unions and entrepreneurs associations, the implementation details of the labor contract law have been made easier.

Calls for quickening the pace of collective wage negotiations

The imbalance of personnel strength, the mismatch of professional quality and the asymmetry of information resources.

After the implementation of the labor contract law, there are legal provisions for the protection of the rights and interests of workers. However, the unequal situation between workers and enterprises has not been completely improved.

"Most of the workers in the enterprises are relatively less educated, and there is still a lack of awareness of rights protection and ways to safeguard their rights. Therefore, it is very necessary to rely on trade union organizations."

Hou Xin, a member of the CPPCC National Committee and a professor at the Law School of Nankai University, said that in many enterprises, the proportion of wages in the cost of the enterprise is not rising but falling.

"In addition to the oversupply of the labour market as a whole, another important reason is that the current mechanism of collective wage consultation has lagged behind, and has failed to play its role in promoting the simultaneous growth of employees' incomes with the economic benefits of enterprises."

Gu Sheng, member of the CPPCC National Committee, said.

According to a survey conducted by the Yixing Federation of trade unions, in January 2006 ~8, the wages of employees increased by 19.1% compared with the same period last year. The average monthly wage of the employees who took the migrant workers as the main body also exceeded 1000 yuan for the first time.

Shanghai has already signed more than 40 thousand collective wage agreements, and none of them has had labor disputes due to wage problems.

"The establishment of collective wage consultation system is very important."

Committee member Jia Yanmin said that at present, the wage distribution pattern and regulation system of enterprises have formed the situation of "market regulation is the main form, enterprises allocate independently, workers participate in democracy and supervise and guide by the government". However, in reality, although the implementation of the collective bargaining mechanism for wages has not been wide enough and the general staff are unwilling to talk about it for more than 7 years, the phenomenon of trade union cadres will not be more prominent.

"The implementation of the labor contract law has also put forward new and higher requirements for the construction of trade union organizations."

Qiao Chuanxiu, NPC deputy, vice chairman and Secretary of the Secretariat of the NPC, said that at present, the ability and level of trade union cadres to coordinate labor relations and carry out collective consultations must be enhanced.