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HARMONIZING LABOR RELATIONSHIP
LONG WAY TO GO
----The legal opinions of the Employment Contract Law actualized
Bright Jon Attorney-at-law
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS had
been passed and shall be implemented from January1, 2008. This Law
will form a austere challenge to the management of Human Resources .
If enterprises still operate steadily, it will be at a disadvantage
while the labor disputes happening, thereby restricting the autonomy
rights of employment, and hard to accomplish a flexible mechanism of
competition, and impacting the optimizing scheme, and declining the
competition of enterprises. In order to balance the benefits between
enterprises and employee, and avoid labor disputes, please think
over following suggestion. |
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1.First, the
standpoints of Human Resources have to transform, and any enterprise
shall revise labor bylaw according to the Employment Contract Law.
Because we may not wait for future disputes. Second, enterprises shall
commission special department or person(s) to manage human resources,
and establish Committee of Human Resource to coordinate relations
between investors and staff.
2.The enterprises shall revise bylaw in democratic process lawfully. For
example, the system of checking, safe production, quality management,
encouragement and chasten, position responsibility, and so on. The bylaw
of enterprises shall be stipulated through legal process: discussed by
the employee representative congress or all the employees; employees may
be put forward a proposal and comments; and so on.
3.We suggest that fixed-term employment contract of 3 years would be
sign up with new employee. Besides surveying some necessary
qualification of subject, the enterprise should also definite the
condition of employment and train new employee to study the bylaw .The
placement of Employees shall generally be practiced for temporary,
auxiliary or substitute job positions.
4.According to requirement of production, enterprises may sign up
different fixed contract with old employees. Rights and obligations
between enterprises and employees also shall be ensured.
5.From the point of view of cooperation between employees and
enterprises, we shall consummate management and implementation, and
prorate the long contract and fixed contract. |