On the China labor contract without a fixed term of the System_11710.doc
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1、On the China labor contract without a fixed term of the System Paper Keywords no fixed term labor contract Law fixed term Abstract version enactment, help protect the Lawful rights and interests of laborers, but some pArts of the system there are defects in the design, the labor market in China will
2、 adversely affect the healthy development. This paper from the study without a fixed term labor contract system, a number of problems, we should clarify its content, analysis and find our current non-fixed term labor contract system deficiencies, and corresponding countermeasures and suggestions to
3、our country without a fixed term labor contract system be beneficial to the improvement. Because of the long-term oversupply of labor, there are some employers do not sign labor contracts with workers, casual labor relations, abuse of the trial period, in order to avoid legal obligations entered int
4、o short-term labor contracts, free employment restrictions and reasonable flow of labor, the collective contract rate is not high or even a mere formality and so on. NPC Standing Committee Law enforcement inspection of a labor Law shows that in our country, SMEs and non-public enterprises to sign la
5、bor contracts less than 20%, the signing of the individual lower rates of economic organization . The survey also showed that non-fixed term contracts signed all labor contracts only 29.6%, 70% of the labor contract is a fixed term labor contract, and most are short-term contracts, signed a one-year
6、 performance of, or even signed a few year. This makes the Diershitiaos designed to protect the legitimate interests of workers, employers avoid the golden age of workers with completed after the abandonment of the legislative purpose of working hard to achieve. In this context under the eye of the
7、long-awaited latest finally born, the law protects workers from the multi-channel legitimate rights and interests, as hundreds of millions of workers protect their rights protection. As the year 2021 January 1st, the implementation of the labor contract law, corporate reflect the most strongly that
8、Article XIV, namely: workers in line with the employing unit for ten years or the conclusion of two consecutive fixed-term labor with contract conditions, the employer shall make no fixed term labor contract. many companies have doubts about, worried that this mechanism will reduce the flexibility o
9、f labor, fear no fixed term contract employees will become permanent employees to make employees lack a sense of crisis and reduce the efficiency of labor, does this mean iron rice bowl era of the return? Although the State DepArtment of Labor has repeatedly guide the main rug, pointed out that the
10、company was worried that the factors that have misread the law, no fixed term labor contract system establish and perfect, can effectively protect the legitimate rights and interests of workers, to mention the economic benefits of Taipa storage industry to ensure the good order of the socialist mark
11、et economy run. However, because our country without a fixed term labor contract system, the relevant provisions are too vague and simple rough, the lack of operability, it is difficult to achieve the legislative intent, regardless of the unskilled workers or employers is a kind of pressure, althoug
12、h it will not set back to the previous system of permanent workers, but also bring many new problems . First, the problem of the origin of Begin by the end of September 2007, Shenzhen Huawei worked for 8 years more than 7,000 employees to submit resignation to the company, and provides before New Ye
13、ars Day in 2021 must take the initiative to resign, then competition, they will be signed with the company 1 to 3-year labor contract , Oct. 22, Wal-MArt Global Procurement Center and layoffs of more than 200, which in Shenzhen, China. Shanghai, Dongguan and other divisions, a total of about 100 peo
14、ple will be laid off, the evening of November 6, a central Sichuan is a business the company has not yet expired labor contract workers into the labor dispatch supernumerary companies . . such a dense large-scale enterprises layoffs to adjust the human resource strategy to avoid the need for or purp
15、ose of the labor contract law? during the transition period, the number of staff cuts by enterprises caused surprise as we Thoughts: First of all, no fixed term labor contract what? any restrictions on business ? Why talk about the mere mention of business? Second, companies hesitate to make the hig
16、h cost and the risk of conflict with the law to lift the labor contracts with employees, to avoid signing a labor contract without a fixed term is rational behavior? again, how to play without a fixed term labor contract positive role in sustainable development of enterprises while reducing its nega
17、tive effects, reduce legal risks? Second, without the connotation of a fixed term labor contract The so-called non-fixed term labor contract, labor contract is a contract the pArties agreed only to the agreed start date does not terminate the labor contract 13. It is not clear that employers and wor
18、kers the validity of contracts, labor relations in the labor the legal working age persons and businesses within the period of memory in the presence of only in compliance with the statutory or agreed under the conditions of the employment relationship was terminated. Currently, the world, especiall
19、y Western countries, in order to reduce the unemployment rate and stable labor relations, to achieve optimal allocation of human resources, are constantly improving legislation, the implementation of non-fixed term labor contract system. In China, it has been the mainstream of international practice
20、 and contrary to the use of fixed term labor contract as the main form. Although this form of labor contract more flexible, but has shown a lot of drawbacks, such as high labor mobility, can not form a continuous collective strength, can not form a group of skilled sectors such as skills, resulting
21、in a predatory on the use of labor. This kind of fixed term dominated the labor contract, and the signing of non-fixed term labor contract is an exception, and limits on the practice of economic development is inconsistent with fair competition, freedom of choice, is not conducive to social stabilit
22、y. Although there is no fixed-term contract issue as early as 1995, already defined, but due to lack of specific operational, in real life very few companies and workers without a fixed term labor contract signed, Zhe labor Hetong showing our countrys short-term period, the employer labor golden per
23、iod employment characteristics. In this non-standard concept of employment, companies do not want to carry out the necessary human capital investment, but rely on Lao Dongli Shichangzhaopin Suo the personnel needed, so that employees frequent job-hopping phenomenon, leading to focus on human capital
24、 investment, corporate earnings can not be guaranteed, with the result of lack of enterprise human capital investment. In the long perspective, enterprises, workers and government in terms of both negative, and ultimately will affect the sustained, stable and healthy development. Therefore, to safeg
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