Chinese
New " labor contract law " the change of concepts of next management of resource
From;    Author:Stand originally

On June 29, 2007, standing committee of National People's Congress of 10 whole nations the 28th conference, discuss those who passed be closely bound up of as personal as every laborer interest " labor contract law " , this bill will rise to be carried out formally on January 1, 2008. Of this act come on stage to will be opposite undoubtedly comprehensive management generation affects management of resource of company labor power and even business far-reachingly, need enterprise has major change to concept of manpower endowment source control.
  
One, " labor contract law " it is the base that compose builds enterprise harmony labor to concern
  
Laborer concerns to live and expand the work that builds with the enterprise, it is a kind of the basiccest social relations. The enterprise serves as a of modern society basic cell, its run whether stable, health, matter to enterprise oneself not only whether development expands, still matter to whole society whether implementation harmony develops. Compose builds harmonious labor to concern is the _ of the serious content that compose builds harmonious society.
Change in economic structural adjustment, state-owned company in controlling a process, appeared inevitably a few new cases, new issue, together with transition period system standard " vacuum " exist objectively, of the worker have an interest already can different level gets " enroach on " . State ownership achieves the progress of formal diversification and economy of blame state ownership, make " strong sth used to one's own advantage, young worker " pattern increasingly dash forward show. In society of our country economy the special setting of comprehensive transition falls, how be treated and treat displacement status of the worker, material benefits of safety of reward of the dismiss contract, labor obtain employment that buys outright length of service and laborer, work, social security, labor, worker and pay with the problem closely related employee, affect industry health to develop not only, return the stability that can affect a society. Want to had handled these issues, just, efficient, perfect labor code is indispensable. New promulgate " labor contract law " come on stage on the foundation of interest of both sides of mature labour and capital namely, it is our country what stride in the course that builds society of harmony of harmonious working relationship, construction in compose is solid one pace.
  
2, " labor contract law " main characteristic
  
The course considers discuss and be being revised for years and come on stage " labor contract law " , bearing the weight of society the expectation that each estate builds harmonious labor to concern to compose. It basically has the following characteristics.
  
(one) tendency employee
  
Western developed country basically follows the principle that protects the weak mainly when enacting relevant legislation. The working relationship that is equality is not between enterprise and employee. The inadequacy of the information ability as a result of employee, economy capacity and public relations ability, and be in position of apparently weak power, with the enterprise it is with belongings relation attribute is given priority to one kind, person relation attribute is complementary human relations in society. Our country's current labour market is begged for be more than, of employee can replace a gender very tall, be in complete " buyer's market " state, the weak power position of employee is behaved more outstandingly. " labor contract law " be based on this kind of setting namely, the cornerstone that learns according to labor law - - " the weak is academic " ask to make, aim to protect employee through tendentiousness ground, in order to achieve the equal status of substantial justice, what realize employee and enterprise finally is double win.
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