Circumventing The Labor Contract Law Is A Dead End.

After the employment contract law was passed by the supreme legislature, the notice in the author's mailbox was received from all kinds of training institutions. The head office was generally the human resources department of large and medium sized enterprises. The leading speakers were both officials and scholars, as well as the lawyers and human resource management experts of the labor law expertise. The "bright spot" of attracting students was only one: how to "circumvent" the labor contract law and reduce the cost of the enterprise.

I usually throw into the dustbin of this kind of advertisement involving "law enforcement", but too much is received. There is no doubt that the labor contract law can really be evaded.

Over the next few months, thousands of people resigned from HUAWEI, WAL-MART's assault and layoffs, and labor dispatch in Luzhou Laojiao, and so on. I suddenly realized: after all, regardless of the strong intervention of the trade union and the decisive stop of the Department afterwards, the overwhelming training was really effective.

All enterprises are learning to sell now, and "classroom theory" is rapidly pformed into "avoiding practice".

Perhaps no other law can make the whole society feel anxious just like the implementation of the labor contract law.

On the eve of the implementation of the new law, no matter foreign capital, state-owned enterprises, private enterprises or public institutions, they are busy "regulating" the form of employment.

The common practice is not to sign labor contracts directly with employees, but to dispatch them by labor dispatching companies, and to spend money to buy the seniors' working age, so as to avoid signing non fixed term labor contracts with them or simply lay off workers.

From the "4050" to the migrant workers living in the city, from the state-owned enterprises to private enterprises, from the white-collar of business buildings to the staff of some institutions, they are anxiously waiting for their future fate under a labor contract.

This is not the original intention of the labor contract law.

After the introduction of the new law, the twists and turns of the new law were somewhat beyond the expectation of the legislature and law enforcement agencies. Who had thought that the law that had already been settled has huge evasive space, but from the perspective of the fierce interest game in the legislative process, it seems that it should be expected.

From the fierce debate between professor Dong Baohua and Professor Chang Kai as the representative of the "labor priority", the complaints of laborers' blood and tears in the public opinion solicited from the labor contract law, and the tough attitude of the European Chamber of Commerce and the American Chamber of Commerce in threatening to withdraw the funds, before the introduction of the labor contract law, there is a trace of the strong rebound of enterprises.

Law is the balancer of various social interests. Even the labor laws that protect workers are no exception. The differences and conflicts of social interests determine the relativity of legal adjustment and balance.

However, the background of the labor contract law has its special features. First, the pformation of China's economic development mode. The high economic growth rate supported by cheap labor is not only harmful to social justice, but also lack of sustainability. Two, the evolution of Chinese social value orientation, and the "GDP only" theory and "mercantilism" theory should be centered on human rights and protect labor rights and interests.

The introduction of the labor contract law is not just to protect the legitimate labor rights and interests of workers. Its essence is a correction of huge social injustice brought about by China's long term labor inequalities, such as sweatshops and wages.

In the social field, the law has always been moving towards giving more rights to workers and protecting workers' rights and interests.

From the "Rome law" to the "lease of people" to the laborers as the right subject of the constitution; from the spring and Autumn period, the 8 slaves to the laborers became the masters of the country; the evolution from the 16 hours to 8 hours of working hours, the lifting of the working age 8 to 16 years old, the "starvation wage" to the minimum wage protection, the workers' risk to the employer's no fault liability principle, all prove this trend and law.

Therefore, the "intelligence" learned by the trainers from the trainers is not feasible in terms of system design or the original intention of legislation. Misreading and evading labor contract law are not only costly but also outweigh the gains.

It is hoped that the relevant enterprises will learn from the lessons of "circumvention", and truly bear the social responsibilities of their enterprises, and stabilize the labor relations through the protection of workers' rights and interests, and promote the long-term sustainable development of enterprises.