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On the "Labor Contract Law" revelation of corporate human resources management

Author: QiaoWenJun From: www.yourpaper.net Posted: 2010-06-10 08:31:47 Read:
Abstract: The labor contract system is the basis of corporate human resources management, "Labor Contract Law" from the point of view of the protection of the rights and interests of laborers, strict regulations and requirements of the corporate human resources management. I on how to correctly understand the intrinsic role of the Labor Contract Law, and effectively improve the reality of labor and employment management level to make a brief analysis.
Key words: "Labor Contract Law"; enterprises; human resources management

The analysis of the intrinsic role of the "Labor Contract Law", from a legislative point of view of our business, the promulgation of the law implementing practical challenges of both enterprises to standardize the management of labor and employment, improving staff awareness of the law. Avoid labor conflicts, and an effective means of building a harmonious labor relations.

1 "Labor Contract Law" of corporate human resources management

"Labor Contract Law" implemented from January 1, 2008, compared to the "Labor Law", the unique highlights many provisions, the law implementing the legislative concept of the protection of workers in labor law tilt, bearing protection the legitimate rights and interests of workers, the establishment of a stable and harmonious labor relations, to promote social equity and justice, and ultimately important historical mission to achieve social harmony. For promoting change the way of corporate human resources management, optimize the management model of enterprises and employment has brought far-reaching impact.
1.1 highlights the safeguarding of the legitimate rights and interests of ordinary workers
"Labor Contract Law" at the same time safeguarding the legitimate rights and interests of the employer, focused on safeguarding the legitimate rights and interests of ordinary workers, the attention focused on the body of the General Staff, to achieve both strength and balance of interests, so as to promote harmonious labor relations stability, and promote the construction of a harmonious society.
1.2 to limit the labor units short-term labor contract signing
At present, some enterprises in labor management, contract signed on a short-term phenomenon. More than 60% of the labor contract signed by the employer and employees on short-term contracts, most of the duration of the contract within 1 year labor contract short-term tendency. "Labor Contract Law" has developed a wide range of provisions directed at the weak link in the current labor contract management. First, require the employer from the date of employment more than one month but less than one year and conclude a written employment contract, should the workers' monthly pay 2 times the wages, full one year but not entered into with the workers written labor contract, as signed a labor contract without a fixed term; require continuous renewal contract entered into two fixed-term labor contract shall enter into a labor contract without a fixed term; workers worked continuously for the employer 10 years to renew the labor contract, the employer shall enter into non-fixed term labor contract with a worker.
1.3 employers in the form of the "dispatch" labor
In recent years, China's rapid development of very common form of labor dispatch, on the one hand, the employer can reduce labor costs to complete the downsizing to improve efficiency indicators, and the other hand, focus on specialized production. According to the survey, the labor dispatch there are many loopholes in the form of, such as: deduction of wages, unequal pay for equal work, work injury liability is not clear, the problem is very obvious. Employer abuse "dispatch" the legal obligations of employment forms, use one unit of serious deficiencies. Greatly infringe on the legitimate rights and interests of workers. For such problems, "Labor Contract Law" many rigid requirements of the labor dispatch company, require dispatch units to more than two years of fixed-term labor contract entered into with the dispatched workers, on a monthly basis to give workers compensation. Is to send laborers to work during the dispatch entity shall, in accordance with the local government's minimum wage paid monthly remuneration, employment units with their staffing jointly and severally liable to the dispatched workers.
1.4 promote and improve the quality of development of harmonious labor relations
"Labor Contract Law" China is now a lot of labor relations in the outstanding problems, adhere to the basic framework of the current labor system, the establishment and operation of labor relations further for a comprehensive system of norms. Labor relations both strength and balance of interests, but also play a positive role in promoting is bound to promote the construction of harmonious labor relations and building a harmonious society. 2 improve the current level of corporate human resources management

"Labor Contract Law" promulgated and implemented, is bound to play a positive role in promoting human resources to improve the level of employment management for enterprise optimization good, how to utilize the existing laws, and to protect the interests of each employee and corporate, to enhance the state-owned enterprises market competitiveness and creativity is an important issue in front of us.
2.1 strict implementation of the "Labor Contract Law". Standardize enterprise labor management
Before the promulgation of the "Labor Contract Law", the Chinese enterprises, there are many problems in employment, outstanding performance in the not sign labor contracts with employees, do not pay social insurance for employees, probationary period as white with period, deprived of their rest day, short-term labor contract unreasonable, long working hours, overtime, abuse of liquidated damages clauses. The implementation of the Labor Contract Law stipulates the above behavior will undoubtedly lead to the improvement of enterprises employing cost. Labor Contract Law requires the employer must sign labor contracts with workers. And pay social insurance and other benefits for the employees to sign labor contracts. This requirement further improve the rigid requirements of the management of enterprises and employment, and to avoid the illegal employment as a result of the enterprise labor disputes upgrade, maintain and enhance the cohesion, influence and competitiveness of enterprises.
2.2 to strengthen the management of the dispatch. Normalized to avoid the risk of labor cooperation
"Labor Contract Law" stipulates that the actual labor units and dispatch organizations dispatched workers jointly and severally liable. So, select the "dispatch qualification management more standardized, financial strength and management capability, dispatch stronger organization as the sending partner pressure normalized to avoid the risk of cooperation is an important way to ease enterprise jointly and severally liable.
2.3 give full play to the role of trade unions democratic management, the development of of harmonious human resources policies
As much as possible to avoid develop procedures troubled, technical human resources management, professional, operability requirements, you should consider the possible work manuals, operating specifications, approval process, questions, referrals to reply, special views goes under the name of, on a regular basis assembler, involving staff behavior requirements, work discipline, as well as human resource management basic salaries, fringe benefits, assessment, appointment policy regime, the official rules and regulations in the name of democratic procedures through workers formulated so that the optimization of enterprise internal management of human resources, improve the the unit labor management level to provide a strong guarantee.
2.4 change management, and promote legal construction of human resource management
Legal management of human resources will be the new trend for promoting the legalization process of human resources management has a positive role in promoting. Strengthen and improve the management of human resources is to adhere to the people-oriented, and building a harmonious society, with the ultimate aim should be to promote the harmonious development of employees and businesses.
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