Having contract of fixed deadline labor is not " iron rice bowl-a secure job " , " lifelong make "
-- controller of office of legal system of the State Council " contract law of labor of People's Republic of China carries out byelaw " answer the reporter asks
On September 18, 2008, wen Jiabao of premier of the State Council signs the 535th the State Council to make, announced " contract law of labor of People's Republic of China carries out byelaw " (the following abbreviation carries out byelaw) , executive rules applies since the day that announce. To help great master understanding and understanding make the concerned case of executive byelaw, the reporter interviewed legal system of the State Council to do chief recently.
Ask: Why should enact executive ordinance?
Answer: Labor contract law is built as a compose and develop harmony to stabilize the important legislation that labor concerns, since fair alms giving goes, to the right of normative and bilateral party and obligation, protect the legitimate rights and interests of laborer, produced main effect. Unit of choose and employ persons increased to use the consciousness of labour lawfully, raised labor contract sign rate. But, since labor contract law applies, social concerned side exists on reasonable to a few regulations of this law solution difference, basically have 3 sides: It is not to have fixed deadline whether is labor contract " iron rice bowl-a secure job " , " lifelong make " ; 2 it is unit of choose and employ persons abusive service sends the form that use worker worker to whether be met the legitimate rights and interests of enroach on laborer; 3 it is economic compensation and compensation whether at the same time applicable. To settle these issues, make labor contract law has operation sex more at the same time, on the foundation that is necessary to set in labor contract law, enact executive ordinance.
Ask: What is establishing the basic principle that executive byelaw follows?
Answer: In the course that drafts executive byelaw, basically held the following 3 basic principles:
It is consistency principle. Executive byelaw regards the form a complete set of labor contract law as administrative regulations, must uphold the earnest sex of labor contract law and authority, the system look that provides with labor contract law is consistent.
2 it is harmonious sex principle. The executive orders provision according to labor contract law, appropriate processing good economy grows and the relation of social obtain employment, company grows and safeguard a worker interest of worker of the relation of legitimate rights and interests, protection is long-term target and the concern that show level cause, accurate the legislative tenet that reflects labor contract law, defend the prime increase of laborer, realize the harmony of unit of choose and employ persons and right of laborer both sides, compulsory relation hard.
3 it is maneuverability principle. Executive rules key sets in the light of what the principle compares in labor contract law and a few provisions that are put in misunderstanding socially, make set specificly and join necessarily, enhance the maneuverability of labor contract law.