Modifying Labor Law As Soon As Possible To Enhance Operability

< p > July 5, 1994, the labor law of the People's Republic of China was born, opening up a new era of labor relations under the conditions of market economy.

20 years later, labor relations in China have undergone complex and profound changes. Labor law, as a laborer's "amulet", is also facing new challenges.

Experts pointed out that the revision of labor law should be launched as soon as possible, and other relevant laws should be perfected to provide a better legal environment for the management of labor relations in the new era.

< /p >

< p > < strong > establishing the concept of equal labor relations under the rule of law < /strong > < /p >

< p > "the pattern of strong capital weak labor force is changing in China. It is urgent to find a balance between labor and capital and bring it into the orbit of rule of law."

Zheng Gongcheng, a member of the Standing Committee of the National People's Congress and professor of Renmin University of China, said that China's labor relations have undergone profound changes. Despite the fact that the total labor force is still oversupply, the age of labor supply has been decreasing year by year, and the era of labor supply can be unlimited.

This change makes China's laborers' status gradually become stronger from the weak side.

< /p >

< p > "if we can not adapt to the new changes in labor force comparison in the new era and seek the interests balance between employers and employees, the conflict of interests between employers and employees will become increasingly dominant.

This is the basic starting point for discussing the governance of labor relations in the new era, and also the basic starting point for improving China's labor legal system construction and the rule of law environment.

Zheng Gong Cheng said.

< /p >

< p > "labor and capital sides should not only have equal legal status, but also ensure that this equal legal status can be embodied in practice."

Zheng Gong Cheng said.

< /p >

< p > Zheng Gongcheng pointed out that the disputes and disputes handling in the labor field also need to follow the spirit of rule of law.

"In reality, there are many disputes and disputes arising from discrimination in employment, wages in arrears, damage to the health of workers, and failure to participate in social insurance.

It is urgent for us to establish a new concept of equality and rule of law in labor relations and to guide the governance of < a href= "http:// www.91se91.com/news/index_c.asp" > labor relations < /a > in the new era.

Zheng Gong Cheng said.

< /p >

< p > < strong > perfect correlation < a href= "http:// www.91se91.com/news/index_c.asp" > law < /a > improve the quality of legislation < /strong > /p >

< p > "the rule of law, the rule of law and the rule of law society have been integrated and the governance of labor relations should take the lead in the rule of law."

Zheng Gong Cheng said.

< /p >

< p > "labor relations as the most important" a href= "http:// www.91se91.com/news/index_c.asp" > social relations < /a > under the condition of market economy, whether rational governance is related to the stable development of the country and the overall situation of social stability.

Not only do we need to pursue the balance of interests between the laborers and the employing units, but also we need to have stricter and specific legal norms, and develop rationally and orderly under the conditions of governing by law.

Zheng Gongcheng pointed out.

< /p >

< p > Zheng Gongcheng believes that some problems in the current labor field can not be properly solved, which is closely related to the imperfect labor legislation and the low quality of legislation.

He pointed out that the labor law has not been amended for 20 years. Although many new laws have developed some of them, they have not achieved full coverage and lack of maneuverability. Therefore, when dealing with some problems, they fall into a predicament which is legally and practically impossible.

< /p >

< p > "we should start the revision of the labor law as soon as possible so that it can truly become the mother law regulating the general relations in the labor field and move towards the development of the labor code."

Zheng Gongcheng believes that other relevant laws such as labor contract law, labor dispute mediation and arbitration law should also be amended, focusing on enhancing its operability and execution.

At the same time, we need to formulate new laws such as anti employment discrimination law, collective consultation law, labor supervision law and so on.

< /p >

< p > Zheng Gongcheng pointed out that while improving relevant laws, the administration of justice must also be in place.

"The court should accept litigation cases in labor and social insurance according to law. Only by exerting the final judicial role of the judiciary on labor disputes and disputes can we maintain the authority of the labor legal system and safeguard the bottom line of standardized, stable and healthy development of labor relations."

Zheng Gong Cheng said.

< /p >

< p > < strong > government performance shall be in accordance with the law, no offside < /strong > /p >

< p > "marketization of economic reform tends to be mature and stereotyped, and labor relations need to be progresses to a standard and stable stage of development."

Zheng Gongcheng pointed out that the the third Plenary Session of the 18th CPC Central Committee decision of the party stressed the decisive role of the market in the allocation of resources and better play the role of the government.

At present, the central government has vigorously promoted decentralization, the revision of the company law and the establishment of the Shanghai Free Trade Zone, which means that the market-oriented economic reform will be mature and stereotyped. The new mode of employment and employment will continue to emerge and labor relations will enter a more complex era.

< /p >

< p > "if labor relations can not enter a standard and stable stage of development, the effectiveness of market allocation resources will be greatly reduced, because the allocation of material resources to a large extent is subject to the allocation of human resources.

Only by constructing harmonious labor relations can we be able to efficiently deploy all kinds of resources of the whole society.

Zheng Gong Cheng said.

< /p >

< p > Zheng Gongcheng believes that letting the market play a decisive role in the allocation of resources does not mean that the government can do nothing or let it go.

On the contrary, when the government is not allowed to offside, the government should be in place in accordance with the law and fulfill its statutory duties.

For example, improving the minimum wage system, ensuring the implementation of the social insurance system, monitoring the code of conduct in the labour field, and promoting wage consultation, guiding vocational training and welfare, all require the government to play a role.

< /p >

< p > "only by giving full play to the role of the government can we make the market mechanism give full play to the decisive role of various resources including the allocation of labor resources."

Zheng Gongcheng said that while ensuring the implementation of labor and related labor laws, the government should also make use of public power and public resources to guide labor relations towards equality, cooperation, mutual benefit and harmony.

< /p >