Rigid And Flexible Measures To Remove Obstacles In The Labor Contract Law

The labor contract law has been officially implemented for more than two months. How can we ensure that this important law governing the employment system and developing harmonious and stable labor relations has been implemented?

In recent days, members of the Committee have made suggestions and suggestions.

A widely accepted view is that "rigid" and "flexible" should be established simultaneously through law enforcement inspection, labor supervision, the implementation of detailed rules and relevant regulations, and so on. A rigid guarantee mechanism should be established, and the forces of all sectors of society should be coordinated. In particular, publicity efforts should be intensified, public opinion guidance should be strengthened, and a good atmosphere should be created, so as to remove obstacles to the implementation of this law.

Building rigid mechanism

As a private entrepreneur, Wang Yongzheng, a member of the CPPCC National Committee, has a secret concern: there are still some enterprises that are in violation of the provisions of the labor contract law for illegal employment. Is this unfair to those law-abiding enterprises?

Wang Xinkui, vice chairman of the Shanghai Federation of industry and commerce, has the same concern: "as far as I know, the fear of unfair enforcement is the biggest concern of private entrepreneurs to the labor contract law, especially those who are law-abiding."

"If the law of the broad masses of labourers and all sectors of society hopes for a great deal of weakness, it will not only affect the credibility of the party and government, but will also make our legal system lose its authority and seriousness."

Members of the CPPCC National Committee, deputy director of the Standing Committee of the Hebei Provincial People's Congress, and Ma Lan Cui, chairman of the Provincial Federation of trade unions, believe that the implementation of the labor contract law must adhere to the principle of "having laws and regulations, and breaking the law". This Law, which has lasted for more than 3 years and participated in research and demonstration by multiple departments, is by no means a "dough" that can be kneaded at will.

In response to the fact that there is an objective violation of the labor contract law, Ma Lancui suggested that the special law enforcement inspection of the labor contract law be carried out throughout the country, led by the Standing Committee of the National People's Congress, and unified with the relevant government departments and trade unions in the unified arrangement, unified inspection and unified organization, and carried out throughout the country. "This will form a strong social situation in implementing the labor contract law, and express the firm attitude of the NPC and the government to the implementation of the labor contract law, and promote the smooth implementation of this important law."

Ning Ning, member of the CPPCC National Committee, believes that in order to give full play to the legal rigidity of the labor contract law, efforts should be made to formulate sound implementation rules and regulations, establish relevant working mechanisms, and strengthen institutional safeguards.

The relevant departments should conduct in-depth research as soon as possible, find out the practical problems encountered in the implementation of the law, and take targeted measures and system design accordingly.

Sun Baoshu, Vice Minister of labor and social security, made clear at the press conference of the eleven session of the National People's Congress held in March 9th that the supporting laws and regulations for the implementation of the labor contract law were about to be promulgated.

Create a good atmosphere

Figures show that since the formal implementation of the labor contract law, there has been a marked upward trend in labour disputes.

The labor arbitration committee of Shanghai only received more than 4200 kinds of labor arbitration cases for more than a month, and last year handled 2200 cases of labor arbitration cases.

At the same time, many lawsuits concerning "labor contract law", "many employees move the contents of the new law" to the terms of the original labor contract, resulting in more and more mistakes, economic compensation and unreasonable demands for double pay.

In response, Gu Chang Sheng, member of the CPPCC National Committee, said that this shows that workers' awareness of safeguarding their rights has increased significantly, but at the same time, they also revealed that the publicity of this law is far from being in place.

Whether it is misreading or misunderstanding of some enterprises, or the "dislocation" that employees use in the law, it reflects the necessity and urgency of intensifying propaganda and strengthening public opinion guidance.

During the interview, many members said that in the controversy surrounding the labor contract law, the voices of labourers were very small, and the voices of employers were very loud.

Among them, employers have more resources and more channels to express their appeals, which is the main reason, but the lack of publicity and guidance is also a factor that can not be ignored.

"This asymmetry of public opinion resources will inevitably affect the objective evaluation of the law, and also affect the implementation of the law."

"We should promote the learning and publicity of the labor contract law in light of the reality of our region and department."

According to Zhang Mingqi, the propaganda and training of the employers and workers and staff members should be strengthened in order to enable them to consciously learn the law, abide by the law and use them, exercise their rights and fulfill their obligations according to law, and safeguard their rights and reflect their demands through legal channels.

Gu Chang Sheng members suggested that enterprises that do well in implementing the labor contract law should publicize their efforts, and through their typical demonstration and personal statement, they should guide more enterprises to become eligible citizens who are truly law-abiding.

Trade unions shoulder heavy responsibilities

As a law regulating the employment behavior of enterprises and safeguarding the rights and interests of workers, the implementation of the labor contract law is "obligatory and heavy responsibility for the trade union".

"The most urgent task is to grasp and track comprehensively the new situations and problems encountered in the implementation of the law."

Li Binsheng, member of the CPPCC National Committee, said that the trade unions should first stand in a broader perspective to truly understand the impact of the labor contract law on workers, enterprises and even the economic development. Only when we grasp the objective and real situation can we put forward pertinent countermeasures and suggestions on coordinating labor relations.

From the formulation of the labor contract law to the final implementation of the Ministry's law, the all China Federation of trade unions has always been involved.

As early as June 2005, the Legislative Affairs Office of the State Council adopted the recommendations of the National Federation of trade unions, and organized a joint investigation team, led by the Legislative Affairs Office of the State Council, the Ministry of labor and social security and the National Federation of trade unions, to conduct research and demonstration throughout the country.

You Lantian, member of the CPPCC National Committee, said that the implementation of the labor contract law should be implemented, and the trade union should actively appeal to the relevant parties to work together to form a joint effort, but also to do their job well.

She believes that the trade union organizations of enterprises should give full play to the role of staff members and enterprises in carrying out an equal consultation and signing collective contracts. This requires union cadres to become compound talents, who can serve both workers and staff, and also have knowledge of relevant laws. "If you do not know the law, how can you negotiate with the business side?"

"The implementation of the labor contract law further pushes the trade union to the forefront of safeguarding the legitimate rights and interests of workers."

Li Binsheng said that trade unions are duty bound to seize opportunities and meet challenges.