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
To better understand where Chinese corporate employee compensation stands now,China Enterprise Confederation(CEC)organized China Corporate EmployeeCompensation Survey.This article presents an exhaustive analysis of th...To better understand where Chinese corporate employee compensation stands now,China Enterprise Confederation(CEC)organized China Corporate EmployeeCompensation Survey.This article presents an exhaustive analysis of the ndings of this survey and an elaboration on the in uence of compensation on corporatelabor relationship in 5 respects.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
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.
文摘To better understand where Chinese corporate employee compensation stands now,China Enterprise Confederation(CEC)organized China Corporate EmployeeCompensation Survey.This article presents an exhaustive analysis of the ndings of this survey and an elaboration on the in uence of compensation on corporatelabor relationship in 5 respects.
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.