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Enlightenment of "contract law" labor to the enterprise human resources management

Author: QiaoWenJun From: www.yourpaper.net Posted: 2010-06-11 04:35:25 Read:
Abstract: the labor contract system is the foundation of human resource management, "labor contract law" from the perspective of protection of laborers' rights and interests, the strict regulations and requirements of the enterprise human resources management.In the author of how to have a correct understanding of the labor contract law, and effectively improve the reality of labor management level to make a brief analysis.
Keywords: "labor contract law"; enterprise; human resource management in

Analysis of the "labor contract law" intrinsic function from the point of legislation, our enterprises, promulgated and implemented standard not only is the enterprise reality challenges labor management of the law, more is to improve staff awareness of the law.To avoid conflict, effective means of constructing the harmonious labor relations.

1 "labor contract law" to the enterprise human resources management influence

January 1, 2008 from the implementation of the "labor contract law" compared to the "labor law", has a unique spot in many provisions, the law to carry out the labor law tilt protection legislation idea of workers, carrying the protection of the legitimate rights and interests of workers, to establish a stable and harmonious labor relations, to promote social fairness and justice, and ultimately important history the mission of social harmony.This to promote the transformation of enterprise human resources management mode, optimize enterprise management mode of far-reaching influence brought.
The 1.1 highlights of ordinary workers legitimate rights and interests of the maintenance of
"Labor contract law" in the maintenance of the legitimate rights and interests of the employing units, focus on the maintenance of the legitimate rights and interests of workers, will be the focus of the focus in the general staff of the body, in order to achieve both the strength and the balance of interests, so as to promote the harmonious and stable labor relations, promoting the building of harmonious society.
1.2 limit employment unit short-term labor contracts signed
At present, some enterprises in the labor contract management, there are short-term phenomenon.An employer and employee labor contract more than 60% short-term contract, the contract period is in 1 years, the labor contract short-term tendency."Labor contract law" enacted regulations in many aspects, directed at the weak links of the labor contract management.One is with the provisions to use the worker units in more than 1 months but less than 1 years not to conclude a written labor contract with the laborer, should pay 2 times of monthly wages to the laborers, already full 1 years not to conclude a written labor contract with the laborer, as signed without a fixed term labor contract; two it provides continuous conclusion of two fixed term labor contract renew the contract shall conclude a labor contract without a fixed term; three is the workers work for 10 years and to renew the labor contract in which the employer, the employer shall enter into a contract without a fixed term labor contract with the laborer.
1.3 the employer "labor dispatch" labor in the form of
In recent years, China's rapid development in the form of the labor dispatch is very common, on one hand, the employers can reduce the labor cost, complete the downsizing for efficiency index, on the other hand, concentrate on the professional production.According to the survey, the form of the labor dispatch has many flaws, for example: the deduction of wages, unequal pay for equal work, the industrial injury liability is not clear, very clear.The employer abuses "labor dispatch" form of employment, employer's legal obligations serious lack.Greatly infringed the lawful rights and interests of workers.In view of these problems, "labor contract law" put forward many hard requirements on labor dispatching company, provided the labor dispatch unit to be dispatched laborer conclude a labor contract with fixed term for more than two years, the employee shall be given compensation.The dispatched workers without work, the labor dispatch unit shall pay the remuneration in accordance with the local minimum wage standard monthly, at the same time, the employer and the labor dispatch unit shall bear joint and several liability to pay compensation to the dispatched laborers.
1.4 to promote and improve the quality of development

"Labor contract law" outstanding problems in China now a lot of labor relations, adhere to the basic framework of the current labor system, the establishment and operation of the labor relations further comprehensive system specification.Realization of the labor relations of power and the balance of interests, but also will promote the construction of harmonious labor relations, harmonious society play a positive role in promoting.2 continuously improve work level of human resource management of current enterprise / >
"Labor contract law" promulgated and implemented, for the enterprise will optimize the human resources to improve the employment management level plays a positive role in promoting, how to use good existing laws, protect each employee and the interests of enterprises, and enhance the competitive power of state-owned enterprises and creativity is an important subject in front of us.
2.1 the strict implementation of the "labor contract law".Standardize enterprise employment management
"Labor contract law", Chinese enterprises have many problems in the aspect of employment, especially in not sign labor contracts with employees, do not pay social insurance for employees, probation into white, deprived of staff rest days, short-term labor contract, long working hours, overtime is not reasonable, the abuse of breach of contract etc..And the implementation of the labor contract law regulate the behavior of enterprises, it causes the enterprise personnel costs increase.Labor contract law require the employing unit must sign labor contracts with workers.And pay social insurance and other welfare to sign labor contract employees.The requirement to further improve the labor management enterprise rigid requirements, to avoid the illegal employment caused by the enterprise labor dispute, maintain and enhance the cohesion of the enterprise, influence and competitiveness.
2.2, strengthen the management of labor dispatch.To avoid the risk of labor cooperation
"Labor contract law", the actual labor units and the dispatch organization of dispatched laborers shall bear joint and several liability.So, choose "send qualification", more standardized management, financial strength and management ability, the strength of strong dispatch organizations as partners is sent to ease the enterprise of joint and several liability to pressure, an important way to avoid the cooperation risk.
2.3, give full play to the trade union of democratic management, establish harmonious human resources policy
To avoid possible procedures of distress, for some aspects of human resource management, professional technical, operational requirements, should be considered as far as possible in order to work manuals, specifications, approval process, questions, requests and reply, the special opinion issued in the name of the assembly, regular, and relates to the behavior of staff requirements, the work of discipline and the human resources management of the basic salary, welfare, appraisal, recruitment policy, through democratic procedures to formal rules and regulations in the name of formulated, so the optimization of human resource management of enterprises, to provide a strong guarantee for improving the level of unit labor management.
The 2.4 change management, promote human resources management legalization construction of
Human resources management system will become a new trend, which is a positive role in promoting the human resource management process.Strengthen and improve human resources management is to adhere to the people-oriented, constructing the basic content of the harmonious society, its ultimate aim should be to promote the harmonious development of employees and enterprises.As long as the enterprises, units can fully consider the interests of both enterprises and employees, to avoid one-sided, extreme enterprise departmentalism, can improve the management level of current employment, achieve the balance of interests of enterprises and employees, so as to speed up and improve the scientific development of enterprise quality.
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