Early in the gestation stage of the new labor contract law, the intensive debates sparked by worries and doubts prevailed, and the event of Huawei Group forcing their employees to re-apply for their jobs made this con...Early in the gestation stage of the new labor contract law, the intensive debates sparked by worries and doubts prevailed, and the event of Huawei Group forcing their employees to re-apply for their jobs made this controversy reach fever pitch. When it came into effect on 1st January, 2008, confusions still bothered people of all sides: someone were on thorns about the increased cost and found wry ways to digest it, and someone were scramble to their rights and looked for shortcut to get it, etc. in particular, textile industry featuring labor-intensive will increase 20% on average in terms of cost, so how to cushion the blow and reverse adversity become prominent, what’s more, we should emancipate our mind to create profits rather than make ourselves balky with losses. Brand-building, technology application as well as expanding business abroad where with relatively cheap cost, etc, all of which can be utilized. In fact, launch of new labor contract law coupled with other polices home and aboard and materials cost increment lift the threshold of Chinese textile industry and rendered a new shuffling, so that the conception of "survival of the fittest" becomes the last straw we should grasp……展开更多
With the urban expansion and economic restructuring, the jobs-housing relationship has become an important issue in studies on urban spatial structure. This paper employed a job accessibility model, which is an evalua...With the urban expansion and economic restructuring, the jobs-housing relationship has become an important issue in studies on urban spatial structure. This paper employed a job accessibility model, which is an evaluation instrument to measure the jobs-housing relationship in Beijing Metropolitan Area from a job accessibility perspective. The results indicate that the population in the central city is declining, whereas the population in the suburbs is consistently growing and forming new population centers. However, the distribution pattern of employment is still highly centralized. Job accessibility varies in different locations, but the inner-city areas(within the Third Ring road) have seen improved job accessibility over time while job accessibility in the suburbs(especially outside the Fourth Ring road) has decreased, and this has led it to become a primary area of residential and employment mismatch. At the same time, the new towns in the outer suburbs have not yet demonstrated great potential to attract more jobs. In addition we find that, to some extent, urban planning changes the jobs-housing relationship, but a polycentric urban spatial structure is not yet evident. The floating population and related housing policy also affect the jobs-housing relationship. We propose some measures to resolve the spatial mismatch as well as some future research directions.展开更多
The past seven decades witnesses a stage marked by"ossification-consolidation-emptiness"as regards domestic labor relationship.It is highly probable that China is to be inaugurated by the stage of"falsi...The past seven decades witnesses a stage marked by"ossification-consolidation-emptiness"as regards domestic labor relationship.It is highly probable that China is to be inaugurated by the stage of"falsification"in forthcoming days.A major cause is rooted in that labor relationship is the output of economic development that would request that labor relationship chime with it.The development course of labor relationship since the founding of PRC explicitly evinces that"flexibility"might be incurred in case labor relationship fails to align with economic development and with demands of marketing competitiveness.It might even propel main bodies of labor relationship to circumvent labor laws,as is verified by prevalence of large-scaled labor dispatching,and of"labor dispatching under the disguise of outsourcing".Lawmakers thus need to further ruminate over degree of tolerance on labor legislation.展开更多
The combination of the realistic demand of urban families to raise children and provide for the aged and the employment demand of rural migrant workers will inevitably lead to the continuous growth of the market deman...The combination of the realistic demand of urban families to raise children and provide for the aged and the employment demand of rural migrant workers will inevitably lead to the continuous growth of the market demand for household care services.The determination of the tripartite legal relationship between household workers,household service agencies,and families(individuals)is an important issue for the normative development of the household service industry.In specific judicial practice,local courts perform differently in the determination of the relationship between“household workers and household service agencies.”The application of law in relevant cases also often swings between the civil law and the labor law.The Civil Code of the People’s Republic of China(hereinafter“the Civil Code”)does not retain the concept of“employment relationship”used in the original Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.Then,what is the relationship between household workers,household service agencies,and families(individuals)after the Civil Code came into force?This article shows the judicial dilemma currently faced by the household workers in the protection of labor rights and interests through an empirical analysis of the victim liability disputes of household workers and puts forward countermeasures and suggestions for improving the occupational injury protection mechanism of household workers in China through a comparative study of the occupational injury risk sharing mechanism of household workers and an analysis of the local exploration of the occupational injury protection system of flexible employees in China.展开更多
文摘Early in the gestation stage of the new labor contract law, the intensive debates sparked by worries and doubts prevailed, and the event of Huawei Group forcing their employees to re-apply for their jobs made this controversy reach fever pitch. When it came into effect on 1st January, 2008, confusions still bothered people of all sides: someone were on thorns about the increased cost and found wry ways to digest it, and someone were scramble to their rights and looked for shortcut to get it, etc. in particular, textile industry featuring labor-intensive will increase 20% on average in terms of cost, so how to cushion the blow and reverse adversity become prominent, what’s more, we should emancipate our mind to create profits rather than make ourselves balky with losses. Brand-building, technology application as well as expanding business abroad where with relatively cheap cost, etc, all of which can be utilized. In fact, launch of new labor contract law coupled with other polices home and aboard and materials cost increment lift the threshold of Chinese textile industry and rendered a new shuffling, so that the conception of "survival of the fittest" becomes the last straw we should grasp……
基金Under the auspices of National Natural Science Foundation of China(No.41271132)
文摘With the urban expansion and economic restructuring, the jobs-housing relationship has become an important issue in studies on urban spatial structure. This paper employed a job accessibility model, which is an evaluation instrument to measure the jobs-housing relationship in Beijing Metropolitan Area from a job accessibility perspective. The results indicate that the population in the central city is declining, whereas the population in the suburbs is consistently growing and forming new population centers. However, the distribution pattern of employment is still highly centralized. Job accessibility varies in different locations, but the inner-city areas(within the Third Ring road) have seen improved job accessibility over time while job accessibility in the suburbs(especially outside the Fourth Ring road) has decreased, and this has led it to become a primary area of residential and employment mismatch. At the same time, the new towns in the outer suburbs have not yet demonstrated great potential to attract more jobs. In addition we find that, to some extent, urban planning changes the jobs-housing relationship, but a polycentric urban spatial structure is not yet evident. The floating population and related housing policy also affect the jobs-housing relationship. We propose some measures to resolve the spatial mismatch as well as some future research directions.
基金a stage achievement of “A study on how labor standards respond to collective clash between capital and labor under the new normal”a National Social Science Fund Project(15BGL184)
文摘The past seven decades witnesses a stage marked by"ossification-consolidation-emptiness"as regards domestic labor relationship.It is highly probable that China is to be inaugurated by the stage of"falsification"in forthcoming days.A major cause is rooted in that labor relationship is the output of economic development that would request that labor relationship chime with it.The development course of labor relationship since the founding of PRC explicitly evinces that"flexibility"might be incurred in case labor relationship fails to align with economic development and with demands of marketing competitiveness.It might even propel main bodies of labor relationship to circumvent labor laws,as is verified by prevalence of large-scaled labor dispatching,and of"labor dispatching under the disguise of outsourcing".Lawmakers thus need to further ruminate over degree of tolerance on labor legislation.
基金one of the research results of the general project funded by the National Social Science Foundation of China,“Research on the protection mechanism of labor rights and interests of platform economy practitioners in China from a global perspective”(Project No.20BFX189)。
文摘The combination of the realistic demand of urban families to raise children and provide for the aged and the employment demand of rural migrant workers will inevitably lead to the continuous growth of the market demand for household care services.The determination of the tripartite legal relationship between household workers,household service agencies,and families(individuals)is an important issue for the normative development of the household service industry.In specific judicial practice,local courts perform differently in the determination of the relationship between“household workers and household service agencies.”The application of law in relevant cases also often swings between the civil law and the labor law.The Civil Code of the People’s Republic of China(hereinafter“the Civil Code”)does not retain the concept of“employment relationship”used in the original Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.Then,what is the relationship between household workers,household service agencies,and families(individuals)after the Civil Code came into force?This article shows the judicial dilemma currently faced by the household workers in the protection of labor rights and interests through an empirical analysis of the victim liability disputes of household workers and puts forward countermeasures and suggestions for improving the occupational injury protection mechanism of household workers in China through a comparative study of the occupational injury risk sharing mechanism of household workers and an analysis of the local exploration of the occupational injury protection system of flexible employees in China.
