The labor contract law that passes before long before sets: Laborer is being satisfied " already worked continuously in unit of choose and employ persons full 10 years " or " establish even renew one's subscription 2 times contract of fixed deadline labor " after waiting for a condition, can conclude with unit of choose and employ persons " without contract of fixed deadline labor " , become permanent employee. Apparent, this one regulation added a the Incantation of the Golden hoop to enterprise choose and employ persons. With China to be exemple, it puts in such a few problems: Work to those be about to full employee of 10 years, whether to want add to sign agreement? Sign the new employee of deadline of a year of contract twice continuously to those, does the 2nd times in its contract expire hind whether long-term continue to employ? Additional, once the company did not appear manage adjust, can you deny an enterprise newly to bring overweight cost pressure with industry system?
Be based on afore-mentioned considerations, at present a lot of companies also resemble China like be, already was in brew and adjust manpower resource to run policy. For the angle from enterprise and capital, bring overweight company liability pressure to make labor contract law does not give a company, "Lawful " it is understandable that avoid uses project venture. But, if we develop the overall situation have sth in mind of the labor-capital relations that needs a stability, harmony from Chinese economy society, this kind " on have law, there is the way to deal with a situation below " the circumstance should not appear. What is more,the rather that, not be a lot of enterprises can resemble China compare reasonable compensation to give employee euqally.
Current labor-capital relations is a kind " service is inferior endowment strong " pattern, the labor's rights and interests gets generally enterprise more or less privative. No matter still promote a country competition ability from the long-term development of the enterprise for, the labor-capital relations that builds harmony is crucial. If an enterprise does not think reap some profit goes, need a kind of stability and persistent working relationship. And the stability that labor concerns, come from the psychology that stabilizes at labor obtain employment to anticipate. Below the case that at present the labour market tries for be more than, want to realize stable obtain employment of the labor, basically depend on those representing capital, namely the enterprise signs the contract that does not have fixed deadline with labor on labor contract. Present problem depends on, because exterior competition is intense, enterprise of quite a few is used reduce labor cost, shorten the time that use worker worker will gain competitive advantage, cause labor contract to tend generally short-term change. This is short-term for it is advantageous to the enterprise, can cut down the member of persons employed at any time, but long-term and character, it cannot foster employee to be known to the faithful meaning of the enterprise. The company should grow, if employee lacks the faithful consciousness to the enterprise, employee serves for the enterprise without motivation. And will look from market economy country, competitive country is the country with working relatively stable relationship.
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