subject: Two Concerns: Labor Contract Law Tilt Over To The Workers? - Two, Labor Contract Law - Printing [print this page] "Labor Contract Law," launched at the beginning, it caused widespread concern in society, and with numerous place to circumvent the law of "extreme events." This year's "two sessions", representatives and members have also embarked on a heated confrontation. For a time, the wave of controversy has been pushed to peak. In fact, both the standing position of employees or employers, as long as empathy, the correct interpretation of the mindset to break a long time, the controversial "issues" will get to the bottom.
Encounters one: Who is the "misunderstanding"?
For the "Labor Contract Law," economist Zhang Wuchang was the first "outraged", "force accused him of not" one people. In his view, no fixed-term contract will be "maintaining lazy", but will strictly enforce a substantial increase in the unemployment rate, "the economic ruin."
In the "two sessions", the CPPCC National Committee members, Nine Dragons Paper (Holdings) Ltd Cheung Yan strong appeal to modify the "Labor Contract Law", cancel the terms of the contract without a fixed term. In her view, no fixed-term contract would lead to "iron rice bowl", "iron rice bowl", "If employees fail to business requirements, you can refuse to leave, companies can not fire him"; "The reluctance of the retired employees back, the have to let him continue to dry ";" the ability of the staff, you're going to sign long-term contract, he may not be willing to work with you to sign. "
For Zhang Yin's the point of view, the "Labor Contract Law (Draft)" discussion group leader, the Chinese People's University Institute of Labor Relations Chang Kai commented, "I think she did not understand the" Labor Contract Law "." Huawei and other companies from the "collective dismissal incident" and the comments of view, in almost all fierce opponents, most do because of "misreading" the relevant provisions.
Fact, "no fixed term labor contract" is not "lifetime employment", not "long-term contract", but "no termination date of the contract." In other words, the employer did not dismiss workers before the contract has been entered into force, not every sign again when the contract expires, provided that they meet "the Labor Contract Law" at the situation listed in Article 39,40, the employer can still be single terminate the labor contract terms.
"I think a lot of people are the" Labor Contract Law "demonized." Afternoon of March 9, Guangzhou, the delegation of the group discussions, when you see the many delegates are "misreading" the "Labor Contract Law ", the National People's Congress of Guangzhou City Bar Association Secretary-General Chen Shu could not resist opening, expressed different views on the spot. Shu Chen told China Times reporter, said that if the employee does not comply with rules and regulations of the employer, the employer can terminate the labor contract with them, as long as these rules are not prohibited by law can the scope.
3 14, CPPCC member and vice chairman of the National Federation of qualified undergraduate at a group interview said, "Labor Contract Law" to be set no fixed deadline for the relaxation of conditions (Further reading: non-fixed term labor mechanisms leading to the rigid labor contracts purely misreading), 10 years can, you can sign twice. But at the same time, the lifting of non-fixed term labor contract with two additional conditions: One is the products, makes a major technological innovation, management methods to adjust, in this case, companies can lay off staff; one business objective in the formation of contracts significant changes have taken place can also be laid off. It should not cause the rigid employment system.
Battle 2: Does the protection over?
A number of the CPPCC National Committee members questioned the business community: "Labor Contract Law" over the workers tilt, compression enterprise autonomy, resulting in the main body of "reciprocity" was seriously unbalanced, to a certain extent, the law lost their impartiality. In response, Zhang Ming from the stress, "Labor Contract Law" is a standard employment system, maintaining rights, the development of harmonious labor relations important law. Implementation of the "Labor Contract Law" survival of the fittest is conducive to the promotion of enterprises, promote industrial upgrading and enhancing economic competitiveness, the development of harmonious labor relations.
"At present, China is still the basic laws and regulations protecting workers, and there is no over-protection.
