A Milestone In The Reform Of Labor System 20Th Anniversary Review And Prospect Of The Promulgation Of Labor Law

In the late 80s and early 90s of last century,

With the deepening of opening up, more and more labor autonomy has been granted to the enterprises by the state, but the labor law, as the basic law of adjusting labor relations, has yet to be passed.

There is another interesting event.

At the two session of the seven CPPCC National Committee held in 1989, the former vice chairman Chen Yu and other 20 CPPCC members jointly called for the formulation of the labor law as soon as possible, and suggested that we must quickly rectify the situation that "wildlife protection is legal and people have no labor law".

Against this background, the Standing Committee of the National People's Congress has speeded up the formulation of the labor law.

In July 5, 1994, the labor law was promulgated after more than 30 manuscripts.

Liu Cheng, a professor at the school of law and politics of Shanghai Normal University, said in an interview with reporters: "the labor law" affirmed the "de regulation" process of China's labor relations in the form of law.

It is highlighted in the following aspects: the fixed term labor contract is the basic form of the labor contract, the termination of the labor contract has no economic compensation, the labor contract can terminate the termination, and the employer independently determines the wage distribution method and wage level of the unit and so on.

The so-called "deregulation" is deregulation, when the international background was new.

Ism swept the world, and the labor benchmark "bottom race" was staged all over the world, while the domestic voice was booming, such as the labor contract system which started in 1986 and the "three broken Railways" in 1992.

Although the labor law was born in the era of deep reform, it was also influenced by various enterprise reform trends, but it still had a strong planned economy.

In terms of time, the party's 14th National Congress has just established the reform target of the market economic system in 1992. In 1993, the Central Committee of the Communist Party of China decided on the establishment of a number of problems of the socialist market economic system to determine the steps and measures of the socialist market economic system. In 1994, the law of labor law was promulgated.

The mindset of planned economy can not be changed overnight. The idea of market economy can not be accomplished overnight. This determines that the labor law has the innate brand of planned economy.

But in any case, the labor law is a general rule of the labor law, which has established the framework of China's labor law and has ended the situation where China's labor relations can not be adjusted in the field of adjustment.

What has the labor law brought to China in the past 20 years?

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"To adapt to China's social and economic pformation, and its emergence in the past 20 years has also deeply affected the development of the country and people's lives.

Li Kungang, a professor at Anhui University law school, believes that China's reform and opening up process is the marketization process of production factors, and the marketization of human resources is an important part of it.

The marketization of human resources is gradually promoted through the implementation of the labor contract system, the labor law and the labor contract law.

In the past 20 years since the promulgation of the labor law, the process of marketization and rule of law in labor relations is mutually reinforcing and complementary.

Huang Long, director of the labor dispute Department of the general legal department, commented on the labor law: "the labor law has promoted the marketization of labor relations, fully exerts the enthusiasm and creativity of both sides of the labor relationship, has made important contributions to the establishment and improvement of the socialist market economy, has effectively adjusted and standardized the labor relations under the market economy conditions, has provided a guarantee for the establishment of the new labor employment system, and has clearly stipulated the rights and obligations of the two sides of labor relations in the form of the combination of the statutory minimum labor standards and the freedom of contract."

Yu Xin, a lawyer of the Beijing River Delta law firm, said in an interview: "the labor law" covers all aspects of labor relations in content, and stipulates the criteria for adjusting labor relations and some relations closely related to labor relations. However, the perfection of content does not bring practical convenience at the same time. Many provisions of the labor law are principled and generality, which requires the formulation of various laws and regulations related to them.

The exhaustion of the labor law is both an advantage and a shortcoming, but this shortcoming is still a matter of throwing bricks and jade into jade.

Under the impetus of the labor law, over the past 20 years, China has initially formed a labor legal system with the labor law as the leader, and the labor contract law, the labor dispute mediation and arbitration law, the safety production law, and the occupational disease prevention act.

Ye Jingyi, a famous labor law expert and professor of Law School of Peking University, gave a fairly high evaluation of the labor law. "Labor law" is the precursor of the great cause of reform and opening up, the crystallization of the reform of labor system and the milestone of the development of the labor market, and the cornerstone of the great social legislation.