The Labour Law Encountered New Problems, Which Should Be Revised.
Since the implementation of the labor law of the People's Republic of China in January 1, 1995, China has launched a series of measures to protect the legitimate rights and interests of workers, exploring effective ways to solve the problem of arrears of wages for migrant workers, and has achieved certain results.
Zhou Guoyun, chairman of Henan Huadu Construction Engineering Co., Ltd., Anyang, worked in Beijing in the 80s of last century.
Now it has grown into a leader in the construction industry in Beijing and a deputy to the National People's Congress.
Zhou Guoyun frankly said: "when the labor law was just promulgated, it was felt that signing labor contracts was far from being valued by everyone.
When signing or not signing, business managers consider more business costs and business risks, and have also thought about shirking their responsibilities.
The implementation of the labor contract law made Zhou Guoyun soberly aware that if he did not sign a labor contract with the laborers, he would have to pay double compensation for his wages.
Since then, he has not only signed labor contracts with every employee, but also paid industrial injury insurance to every employee in accordance with the law.
"In a sense, labor contracts, both for workers and managers, are fair and equitable terms."
Zhou Guoyun said.
Despite the management difficulties of enterprises, Zhou Guoyun has never been in arrears of wages for many years.
He said that when capital is tight, it is mortgaging houses and cars to bank loans, and paying wages to workers in time and in full.
Now, the reason why laborers want to sign a labor contract is not only to get their own labor rewarded, but also to get the recognition and respect of the society.
Chen Kehan, President of the trade union of Carrefour Supermarket Co., Ltd., Kunming, Yunnan, is the National People's Congress. She works every day to study and study laborers related laws and regulations, and use these knowledge to solve the problems encountered.
"The labor contract law stipulates that the employer shall not pay a written labor contract with the employee for more than one month after the date of his own employment, and shall pay the laborer two times the monthly salary.
Foreign enterprises are certainly unwilling to take such risks. Therefore, in the internal regulations of enterprises, employees are required to sign labor contracts on the same day.
Chen Kehan said that not only when signing labor contracts, the regulations on paid annual leave for employees were promulgated, but the company immediately adjusted the internal rules and staff manuals according to the regulations, and made clear the right to leave for employees.
Nevertheless, Chen Ke Han clearly felt that
Labor dispute
The number of cases is increasing year by year.
Chen Kehan said: "it is not because of the illegal employment situation, but that people's awareness of rights protection is strong.
Once enterprises find illegal activities, employees first think of safeguarding rights. "
according to
Beijing
Zheng Xiulan, director of the mediation and arbitration division of the Municipal Bureau of human resources and social security, said that since the implementation of the labor contract law and the labor dispute mediation and Arbitration Act in 2008, the number of cases applying for labor dispute arbitration has increased year by year. The average number of arbitration cases handled by the Beijing labor dispute arbitration system is more than 60 thousand pieces per year.
"In fact, after the implementation of the labor law in 1995, it was accepted in our city that year.
Case size
It also increased by nearly 50%.
Zheng Xiulan said that the increase in the number of cases is related to the changes in the economic situation at home and abroad, the financial crisis, and the awareness of workers' legal awareness and the awareness of safeguarding their rights.
Chen Kehan believes that this stage is the "painful period" of law enforcement, and that cases of rights protection continue to emerge, which will inevitably lead to standardized management of enterprises.
This is a good phenomenon, as more and more enterprises realize that the bottom line of the basic rights and interests of employees is not to be touched.
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