the amendment of ＂Labor Contract Law＂ ＂and the ＂＂ Provisional Regulation of Labor Dispatch ＂ promote file labor dispatch system foe＇using on ＂equal pay tbr equal work ＂＂ aald ＂three natures＂ and so on in 2...the amendment of ＂Labor Contract Law＂ ＂and the ＂＂ Provisional Regulation of Labor Dispatch ＂ promote file labor dispatch system foe＇using on ＂equal pay tbr equal work ＂＂ aald ＂three natures＂ and so on in 2013 to promote the establishment of a modern system of labor contract. However. there are still many deficiencies of the relevant provisions and need to perfect it. As a result, the article studies the system of labor dispatch and points oul the problems of the labor dispatch from the background and the stattts and the new rules, and puts forward suggestions for the improvement ot the system of labor dispatch. Hope the labor dispatch system can maintain the interests of the three parties and have a more rapid development in our country.展开更多
Non-linear programming analysis suggests that employment effects of minimum wage regulation are the result not only of the regulation itself but also of the external regulatory environment. At a certain level, the reg...Non-linear programming analysis suggests that employment effects of minimum wage regulation are the result not only of the regulation itself but also of the external regulatory environment. At a certain level, the regulatory environment intensifies the effect on employment of minimum wage regulation. Empirical studies based on survey data from 439 enterprises in Guangdong and Fujian show that minimum wage rises had a greater impact on the employment of rural migrant workers in 2008 than in 2007, although no significant change was observed among workers who were permanent urban residents. Further analysis shows that the greater impact on migrant workers derives mainly from the strengthened regulatory environment brought about by the Employment Contracts Law. The permanent urban workforce has not been similarly affected because their interests have been given priority under the dual employment system. This reminds us that the employment effects of the Employment Contracts Law may be realized indirectly through other regulatory measures, including strengthened minimum wage regulation.展开更多
Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂s...Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂soft＂ law in judicial practice. The judicial criteria for judging the validity of work regulations are in essence determined by the judge＇s judgment on their reasonableness. As an important embodiment of Chinese politics, economics and culture, the transformation of the SWRC that accompanied the market economy has not negated its value as an indigenous traditional resource. The SWRC does not just enjoy deliberative rights in the formation of regulations, as clearly specified in constitutional law, but also has rights under the law in local legislation and practice. Hence the system of work regulations is neither a unilateral decision on the part of management nor a contract, but rather an autonomous norm developed through the SWRC mechanism. Given the mandatory nature of Article 4 of the Labor Contract Law, regulations will only be valid after they havegone through a democratic process. The further development of the theory of normative system formation should endow the SWRC with greater rights and integrate it smoothly with the collective contract system to standardize collective labor relations.展开更多
Our survey data on migrant workers in the Pearl River Delta region from 2006 to 2010 and recent fieldwork show that the enactment of the Labor Contract Law encouraged both the signing of labor contracts and the long-t...Our survey data on migrant workers in the Pearl River Delta region from 2006 to 2010 and recent fieldwork show that the enactment of the Labor Contract Law encouraged both the signing of labor contracts and the long-term nature of these contracts, making enterprises more willing to increase investment in human capital, increase employee insurance and welfare and give more attention to human-centered management, leading eventually to the establishment of an internal labor market that incorporates migrant workers. This is accompanied by progress in human resources management techniques and strategies in SMEs and private enterprise. Although the Labor Contract Law to some extent intensified the tendency for migrant workers to undertake collective protection of their rights, the establishment of an internal labor market could also ease the tension between labor and capital and lead to employees becoming more rational and prudent in safeguarding their rights, thereby providing a basis for a transition from confrontation to win-win cooperation between labor and capital. The Labor Contract Law has accelerated and strengthened the trend of individualized development in China’s labor relations. The protection of labor rights through the two channels of the 'rigid' legal system and 'flexible' internal management can help reduce the risk of large-scale collective labor disputes and establish a relatively harmonious institutionalized labor relationship.展开更多
Since its very release in March 2006, the opinion-soliciting draft of the Labor Contract Law has sparked considerable controversy. Indeed, the whole process of its consideration, promulgation, implementation and amend...Since its very release in March 2006, the opinion-soliciting draft of the Labor Contract Law has sparked considerable controversy. Indeed, the whole process of its consideration, promulgation, implementation and amendment has been accompanied by complex questioning and a diversity of views. This has to some extent reduced appreciation of the value of the Labor Contract Law itself. In the economy and society, rational legal construction can minimize the damage done by the failure of private negotiations. The Labor Contract Law is dedicated to changing the action space of workers and enterprises in order to promote efficiency in production and equity in distribution. With the aim of constructing and developing harmonious and stable labor relations, the law seeks to encourage workers and enterprises to forge communities of shared interests, shared undertakings, a common destiny and a joint mission; it is here that the true value of the law lies. In terms of institutional design, in building a system that categorizes workplace employment, the Labor Contract Law makes a breakthrough in workplace labor relations management and sets up an innovative labor relations management system with Chinese characteristics. Faced with the new normal in labor relations, we should make further progress in strengthening democraticenterprise management, optimizing the developmental environment of business, etc.展开更多
The Labor Contract Law classifies collective contracts as special labor contracts, ignoring the fundamental differences between collective contracts and labor contracts. This has plunged it into jurisprudential obstac...The Labor Contract Law classifies collective contracts as special labor contracts, ignoring the fundamental differences between collective contracts and labor contracts. This has plunged it into jurisprudential obstacles and institutional difficulties. In terms of the main entities, efficacy, dispute settlement mechanisms, etc. collective contracts have their own institutional characteristics. They should be incorporated into the legislative framework for collective labor relations in future legislation, and should link up with trade unions, collective consultation and collective dispute settlement to form a complete system of collective labor law.展开更多
文摘the amendment of ＂Labor Contract Law＂ ＂and the ＂＂ Provisional Regulation of Labor Dispatch ＂ promote file labor dispatch system foe＇using on ＂equal pay tbr equal work ＂＂ aald ＂three natures＂ and so on in 2013 to promote the establishment of a modern system of labor contract. However. there are still many deficiencies of the relevant provisions and need to perfect it. As a result, the article studies the system of labor dispatch and points oul the problems of the labor dispatch from the background and the stattts and the new rules, and puts forward suggestions for the improvement ot the system of labor dispatch. Hope the labor dispatch system can maintain the interests of the three parties and have a more rapid development in our country.
基金the National Natural Science Foundation sponsored project, "The Employment Effects of Labor Regulation on Rural Migrant Workers and Administrative Policies: With a Focus on Minimum Wage Rises" (劳动规制对农民工的就业影响及管理政策研究:以提高最低工资标准为例)sponsored by the General Administration of Quality Supervision, Inspection and Quarantine and the Renmin University of China, "The Impact of Foreign Technical Measures on China’s Export" (国外基础性贸易措施对我 们出口的影响)
文摘Non-linear programming analysis suggests that employment effects of minimum wage regulation are the result not only of the regulation itself but also of the external regulatory environment. At a certain level, the regulatory environment intensifies the effect on employment of minimum wage regulation. Empirical studies based on survey data from 439 enterprises in Guangdong and Fujian show that minimum wage rises had a greater impact on the employment of rural migrant workers in 2008 than in 2007, although no significant change was observed among workers who were permanent urban residents. Further analysis shows that the greater impact on migrant workers derives mainly from the strengthened regulatory environment brought about by the Employment Contracts Law. The permanent urban workforce has not been similarly affected because their interests have been given priority under the dual employment system. This reminds us that the employment effects of the Employment Contracts Law may be realized indirectly through other regulatory measures, including strengthened minimum wage regulation.
文摘Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂soft＂ law in judicial practice. The judicial criteria for judging the validity of work regulations are in essence determined by the judge＇s judgment on their reasonableness. As an important embodiment of Chinese politics, economics and culture, the transformation of the SWRC that accompanied the market economy has not negated its value as an indigenous traditional resource. The SWRC does not just enjoy deliberative rights in the formation of regulations, as clearly specified in constitutional law, but also has rights under the law in local legislation and practice. Hence the system of work regulations is neither a unilateral decision on the part of management nor a contract, but rather an autonomous norm developed through the SWRC mechanism. Given the mandatory nature of Article 4 of the Labor Contract Law, regulations will only be valid after they havegone through a democratic process. The further development of the theory of normative system formation should endow the SWRC with greater rights and integrate it smoothly with the collective contract system to standardize collective labor relations.
基金This paper is a phased result of the National Social Science Fund of China major project“Research on the Governance of Social Risk Systems in Metropolitan Cities”(16ZDA083).It is also funded by the Research and Innovation Team Construction Project“Design and Application of a Social Risk Management Decision Support System”of East China University of Science and Technology.
文摘Our survey data on migrant workers in the Pearl River Delta region from 2006 to 2010 and recent fieldwork show that the enactment of the Labor Contract Law encouraged both the signing of labor contracts and the long-term nature of these contracts, making enterprises more willing to increase investment in human capital, increase employee insurance and welfare and give more attention to human-centered management, leading eventually to the establishment of an internal labor market that incorporates migrant workers. This is accompanied by progress in human resources management techniques and strategies in SMEs and private enterprise. Although the Labor Contract Law to some extent intensified the tendency for migrant workers to undertake collective protection of their rights, the establishment of an internal labor market could also ease the tension between labor and capital and lead to employees becoming more rational and prudent in safeguarding their rights, thereby providing a basis for a transition from confrontation to win-win cooperation between labor and capital. The Labor Contract Law has accelerated and strengthened the trend of individualized development in China’s labor relations. The protection of labor rights through the two channels of the 'rigid' legal system and 'flexible' internal management can help reduce the risk of large-scale collective labor disputes and establish a relatively harmonious institutionalized labor relationship.
文摘Since its very release in March 2006, the opinion-soliciting draft of the Labor Contract Law has sparked considerable controversy. Indeed, the whole process of its consideration, promulgation, implementation and amendment has been accompanied by complex questioning and a diversity of views. This has to some extent reduced appreciation of the value of the Labor Contract Law itself. In the economy and society, rational legal construction can minimize the damage done by the failure of private negotiations. The Labor Contract Law is dedicated to changing the action space of workers and enterprises in order to promote efficiency in production and equity in distribution. With the aim of constructing and developing harmonious and stable labor relations, the law seeks to encourage workers and enterprises to forge communities of shared interests, shared undertakings, a common destiny and a joint mission; it is here that the true value of the law lies. In terms of institutional design, in building a system that categorizes workplace employment, the Labor Contract Law makes a breakthrough in workplace labor relations management and sets up an innovative labor relations management system with Chinese characteristics. Faced with the new normal in labor relations, we should make further progress in strengthening democraticenterprise management, optimizing the developmental environment of business, etc.
基金the 57th batch of funding projects(No.2015M570067)supported by the China Postdoctoral Science Fund
文摘The Labor Contract Law classifies collective contracts as special labor contracts, ignoring the fundamental differences between collective contracts and labor contracts. This has plunged it into jurisprudential obstacles and institutional difficulties. In terms of the main entities, efficacy, dispute settlement mechanisms, etc. collective contracts have their own institutional characteristics. They should be incorporated into the legislative framework for collective labor relations in future legislation, and should link up with trade unions, collective consultation and collective dispute settlement to form a complete system of collective labor law.
