Laborers' Rights And Interests Add "God Of Protection"

In view of the deliberation and adoption of the "labor contract law", Yan Baoqing, director of the Department of legal affairs of the Ministry of labor and social security, pointed out that the promulgation and implementation of the labor contract law is conducive to better protecting the legitimate rights and interests of workers, conducive to the construction and development of harmonious and stable labor relations, and promoting the construction of a harmonious socialist society.

Full protection of workers

According to Zhang Mingqi, the head of the Secretariat of the China Federation of trade unions and the head of the discipline inspection team, when the labour contract law (Draft) was soliciting opinions from the community, nearly 70% of the 200 thousand opinions received by the NPC Standing Committee were reflected by the staff.

The overwhelming majority of the opinions and suggestions reflected by the staff members of the general assembly were approved and accepted by the legislature and embodied in the legal provisions.

This is indeed the case.

The labor contract law, which is formally passed, is the fourth draft that has been constantly revised and perfected. This law extends the previous three draft to emphasize the consistent legislative guiding ideology of protecting workers, and increases the intensity of illegal punishment by employers.

At the same time, the consensus of the industry and society is that the new law has changed considerably compared with the first three deliberations, especially the most controversial one.

Insiders pointed out.

In addition, more than a year after the draft labor contract law was deliberated, some multinational corporations were worried about the new law's increasing investment cost in China. Recently, the deputy director of the Standing Committee of the Standing Committee of the National People's Congress, Xin Chun Ying, recently said that the formulation of the labor contract law will not affect the investment of foreign enterprises in China.

She said, "if it is a law-abiding enterprise, this law does not increase the labor cost of enterprises, if it is a violation of the rights of workers, then the labor cost will increase greatly."

Actively researching and coping with

Specifically, as stipulated in the new law, it is necessary to write labor protection, labor conditions and occupational hazards protection into the labor contract as a necessary part of the contract. At the same time, compared with the stipulations stipulated by the previous enterprises in providing the training expenses stipulated by the state, it is possible to stipulate the service period with the laborers as provided for the specific training expenses provided by the laborers. In addition, in terms of the standard of economic compensation, the regulations on "paying 1 months' wages for workers in less than 1 years" have changed, and they have changed to "6 months or less for 1 years, 1 years' calculation; only 6 months are required to pay half a month's wages."

Liu Dawei, general manager of Shanghai professional management Consultants Ltd., points out that from above, the labor contract law passed is generally advanced.

"China's territory is vast, the economic development is uneven, and the gap between the East and the west is relatively large. This law can play a coordinating role."

At the same time, the law stipulates that the labor administrative departments will bear corresponding legal liabilities for breaking the law.

Of course, many experts and scholars still hold "reservations" on this.

Insiders pointed out that the labor contract law was promulgated in the context of people's livelihood and the construction of a harmonious society. However, due to the fact that there were few experts in the field of real labor contracts in China, and only two short years passed from the proposal to the formal passage, many of the provisions were marked by many traces and few market orientated, and the government's intervention in labor relations was in conflict with the autonomy of the labor contract.

For example, the new law is not reasonable for the scope of application, the conditions for rescission of the probation period, the written contract and the labor dispatch, and the legislative expression is ambiguous.

"The main problem of the protection of labor relations in China is the difficulty of enforcement and the difficulty of enforcement. The stability of labor relations pursued by the new law is not conducive to the development of flexible employment system."

Insiders said.

In fact, the labor contract law has been launched, and it is not very meaningful to say good or bad.

The fast moving enterprises have begun to actively study new laws, draw up new contract texts and employee manuals, and their attitude is careful analysis and careful handling.