Chang Kai: I Look At The Labor Contract Law.

A very important point is that HR has encountered many challenges in traditional work, and enterprises generally feel pressure. Nowadays, different types of enterprises are different. Relatively speaking, some large multinational corporations have expressed their opinions very clearly in the time of law making, but once they are promulgated, they do not mention this problem. They consider how to apply the law. And many multinational companies go ahead. He has seen this trend. Last week, McDonald's raised wages comprehensively, and the direct cost of labor was 30%.

What is the biggest worry for enterprises now?

It is the cost problem. For fear of raising costs, the issue of dismissal is also a matter of cost. The term is also a matter of cost. Compensation is a direct cost problem. Why does McDonald's raise wages before the law has been implemented?

On the one hand, we can make money and have the ability to improve; on the other hand, he must stand on the basis of the next commanding height of the competition in the labor market, and how to compete with the people. First of all, recognizing the price has sent us a signal that the next competition will be fierce.

If domestic enterprises still focus on lowering labor costs as before, they will become more and more passive. We are very unhappy that Chang Kai always says so. I say that HR is simplified into a cost less, more work, performance management to lower costs, improve efficiency, pay management to lower costs. If HR reaches such a level, it may be effective at a certain time, but it will never persevere, and now this problem is becoming more and more prominent.

In addition to this problem, there is no fixed contract. If you want to stay here, do not leave. This is the most direct. But I never thought that we should be the president and vice president of the forum in Shanghai. During the break, vice president of a well-known foreign telecom company in Shanghai said that since April this year, they have started operation, and all staff members have changed to a fixed term contract. I am surprised, do I say that you do not distinguish between core staff and non core employees?

Retaining core staff is a very important concept of HR. He said, "why not?"

He said unfair, I said, do you have no pressure to do so?

He said that we have been doing this all the time. When we came to China, we should do the local employment as usual. We all do short-term employment. Why do I do long-term employment? Because there is no strict legal regulation on this issue, we will consider how the cost is the lowest, there is no legal restriction, the practice is not standardized, the cost is low, and it is not illegal to do so. But they feel that such practice is inconsistent with tradition. Although the labor contract law was still not debated, he thought it was a trend. He said we should stand high.

We can not ask all our enterprises to do so. Multinational companies know that China will definitely have to follow the international standards in the future.

Obviously, it's impossible. It's impossible to say from the trend. And the vice president of Holland bank, who was there, said, "we only need to sign contracts without fixed term contract from the beginning, but we have probation period. We have to retain talents."

In this regard, the three multinational enterprises are very active. They are already in the front. I am afraid that, like the early days of our reform, the practice of multinational corporations is a typical practice. We learn from them wage management, performance management and enterprise management. Some multinational companies follow China's enterprises and learn from them. Now, after the promulgation of the labor contract law, a new competition platform is set up. Let's start afresh and see who is in front. We should not be afraid of this matter. People who do not want to do it have already done it. We should consider why others do so.

The main characteristics and evaluation of the labor law are in the vote of the Standing Committee of the National People's Congress on the labor contract law. Except for a single person who did not vote by the vote, before the voting of this law, we passed the judgment smoothly. No problem. Even the high pass was fine. But I did not expect it to be passed by a single vote. What would happen to such a result?

In the process of legislation, the debate is very intense. How should the labor contract system be established? What should the direction of the development of Chinese enterprises be?

There are quite a few representatives of the Standing Committee of the NPC. These comrades have been trying to raise their own legislative opinions and requirements before. They have finally accepted such a legal provision. They certainly have their strategic thinking. It is not simply that we should do more to understand the law and understand the law, and then consider how to implement and enforce the law in HR.

What are the characteristics of this law?

First, the general idea is to implement the legislative principles of the labor law. The law is to protect workers or to protect enterprises, to protect workers or to protect both sides. The law clarifies that the purpose of protecting workers is the starting point, which is the basic requirement of the labor contract law.

China has been debating whether the law is a single protection or a double protection. This issue is very serious and very serious. Many law experts in the world do not understand why.

Because the labor law protects workers from the common sense of market economy, employers have never said that the labor law should protect me. This shows that the concept of China's labor laws is very weak.

In a market economy country, why is there no such argument? Does it mean that the law protects workers, and it must be against the interests of employers. This is not the case. Of course, he first considers the issue of capital appreciation and preservation, but he considers it more long-term. He feels that if workers fail to get corresponding protection, there will often be conflicts and contradictions between labor and capital. In the future, society and enterprises can not be competitive. It is very difficult for our country's staff to think of this.

We claim to be a socialist country, but we can not even reach the level of the capitalist market economy in terms of protecting labourers.

It is not clear that the protection of workers is only a purpose and a starting point, not a goal, but a goal of building a harmonious labor relationship. Harmonious labor relations are a basic condition for the development of enterprises and the development of workers. This involves a protection of labourers, a clear understanding of the rights and obligations of both sides, and the promotion of the common development of enterprises and workers and the enhancement of competitiveness of enterprises. This is a logical thinking.

In reality, why is this question so clear?

Because the problem of worker protection is too serious, everyone here in an identity, job status is HR, is engaged in work on behalf of enterprises, another identity, you are also employed, you are also a laborer, so we should consider more in our identity, you should stand up to see the relationship between employers and employees, this may be more objective.

As we all know, in recent years, especially in the past 10 years, China's rapid economic development, the GDP annual growth rate of two digits, while the economic development, our social development has encountered quite a lot of problems. The most important thing is unfair distribution and polarization. The wealth of society has not been equitable to let all the people who create this wealth enjoy the low wages of workers, and our labor cost is still one of the lowest in the world. The absolute number comparison: the proportion of workers' income in GDP, last year we accounted for 12.57%, the proportion of total wages in GDP decreased year by year, and the proportion of GDP was decreasing year by year, and the economy was growing. This kind of total wage in China is a very vague concept.

From managers, gold collar, white-collar workers, civil servants and ordinary workers, the average wage gap in the society is too large. Beijing reached more than 30000 yuan last year, only six yuan, seven thousand yuan, five or six times worse. I went to India to do research, and their social conditions and cultural environment were more than our problems. Their share of wages accounted for more than 30% of GDP, twice as much as ours.

Laborers' treatment, as we all know, is, in reality, the status of urban workers and migrant workers in the process of reform is declining. The reform of state-owned enterprises is actually the deprivation of workers. The final result of state-owned enterprises reform is privatization, selling and shareholding to individuals, management buyout, and deprivation of workers in two aspects: on the one hand, historical contributions are not recognized; privatization of state-owned assets and privatization of state-owned enterprises, and workers have no share at all. After the reform of state-owned enterprises, workers are most directly laid off, replacing them with cheaper labor. In particular, buying off their working age is to cut off history and give you thousands of dollars and tens of thousands of dollars.

The most exhausting and most dangerous work is the work of migrant workers, but their incomes are the lowest, their social status is the lowest and their rights are the minimum. The minimum wage is the standard wage of migrant workers.

How can China's economy develop? If we rely on comparative advantage, low labor costs and low labor costs, we will make contributions to workers. What are they getting? Is our society fair?

At this point, the current government knows very well about this issue. Why is there so many discordant factors in the construction of a harmonious society? Disharmony is social injustice and has created a lot of social contradictions.

As far as reality is concerned, labor disputes in China have increased by 30% annually in the past few years. So far, this trend has not been reduced. What are the reasons?

The most fundamental reason is that the basic rights and interests of workers are not guaranteed, and collective disputes account for more than 60% of the disputes.

Infringement is universal, and now workers maintain their rights and interests through collective action. Labor disputes and labor problems have become the most prominent problems that affect the steady development of Chinese society and the steady development of enterprises. The general social justice can not be reached, and the conflict between labor and capital has a direct impact on the development of enterprises.

In 2005, the Dalian Development Zone broke out a large-scale and long-term strike. 19 enterprises took part in nearly twenty thousand workers. The strike lasted for more than two months. The Phoenix Weekly introduced the situation in detail. Such a large-scale strike is rare in the world. I have done two surveys, and the final result is fairly good. Generally, the increase of 15-20% wages is Japanese funded enterprises. At the beginning, Japanese funded enterprises have very high wages, and like McDonald's, they have not risen for more than a decade.

But when the workers quit, the workers asked for a raise in wages, but no one was able to do so, and finally they were forced to do so.

The reform and laid-off of state-owned enterprises caused a lot of labor conflicts, collective petitions and unexpected incidents. Should we be vigilant on this issue? How should we deal with the issue of labor relations in our enterprises? It is not only about the development of enterprises. Now, the contradiction between labor and capital has become the main contradiction affecting the harmonious development of society. It is directly related to the development of enterprises. Second, on the whole, the labor contract law is in line with the needs of our country's current labor relations adjustment, especially some prominent problems, such as short-term employment and labor dispatch.

What is the state of labor relations in our country?

The labor market has been basically complete and the adjustment mechanism is not perfect. Now the metropolis is becoming field, and employment, wages and dismissal are becoming more and more irregular. Second, labor and capital conflicts and labor conflicts have become the most important factors that affect the development of enterprises. Third, the contradiction between labor and capital is developing from individual labor relations to collective labor relations. Now our labor relations are basically individual and atomized labor relations. In this backward relationship, enterprises are faced with an employee. HR basically solves this problem. But next, we should prepare for how to deal with the collective strength of laborers. We hardly have any training in this area.

There is such a case that Shougang bought the Shougang in Peru, which is difficult now. Because he met a strong opponent, that is, the trade union. We took the job to consider the layoffs. If the layoffs would not work, the final compromise would be made. The business was almost over, and it could be run and profitable.