National People'S Congress: There Are Four Major Problems In The Implementation Of The Labor Contract Law.

Hua Jianmin, vice chairman of the Standing Committee of the National People's Congress, on the 24 day, on behalf of the law enforcement inspection team of the Standing Committee of the National People's Congress, made a report on the law enforcement inspection report of the labor contract law, pointing out that, on the basis of affirming the overall harmony and stability of the labor relations, we should also soberly see that there are also labor tensions and labor and capital confrontation in some areas and areas.

The report points out that there are four major problems in the implementation of the labor contract law.

Part of the labor-intensive SMEs and non-public enterprises

The abuse of labor dispatch in some units and the damage to the legitimate rights and interests of dispatched workers are more prominent.

The inspection found that over the past three years, the number of labor dispatching companies and dispatched personnel increased significantly. The number of employing units in the employing units exceeded the number of temporary auxiliary replacement jobs, the long-term use of labor dispatch personnel in the main business posts, the difference between the dispatched workers and the workers, the lack of social insurance or the payment of social insurance premiums, the lack of rights to participate in the trade unions and democratic management of enterprises, the lack of channels of expression of interest, the lack of sense of belonging and responsibility, and the desire to change the status quo.

The rate of signing collective contracts and the quality of performance need to be further improved.

The scope of collective contracts is not wide enough. The proportion of enterprises that sign collective contracts is not high, and the proportion of small businesses and foreign-funded enterprises is even lower.

Collective bargaining still has problems such as "enterprises do not want to talk, workers dare not talk, neither side will talk" and "heavy sign, light consultation, heavy text, light implementation".

The construction of labor security supervision law enforcement team is lagging behind.

There are about 20 thousand full-time inspectors in labor protection law enforcement in China, with an average of more than 1700 employing units and nearly 20 thousand workers.

In particular, the grass-roots units are weak and the institutions are not sound.

Compared with the tasks undertaken by law enforcement agencies, such problems as institutional setup are not standardized, full-time labor security inspectors are seriously inadequate, law enforcement equipment is backward, law enforcement is not enough, and supervision team quality needs to be strengthened.

The construction of basic level mediation organizations and arbitration courts is also lagging behind. The ability of mediation and arbitration services is difficult to meet the needs of safeguarding rights.