Who Let Bosses "Collective Panic" At The End Of 07?

Before the introduction of the new law, the judge of the unit is busy.

The labor contract law will be formally implemented.

Because of the great adjustment of the rights and obligations of the employers and employees in the labor law promulgated in 1994, the new law has attracted unprecedented attention from the society.

The implementation of the new law is a powerful correction to the great injustice caused by the inequalities between labor and capital for a long time.

In the short term, the labor contract law has increased the cost of employing enterprises, which will make some enterprises feel uncomfortable or even suffer pains. But in the long run, the labor contract law helps to urge enterprises to take people as the basis and build harmonious labor relations.

This is the cornerstone of firm foundation.

Less than 3 months from the implementation of the new law, HUAWEI broke the "resignation door" incident. This vigorous "7000 employees first quit and compete for posts" was widely interpreted as an evasion of HUAWEI's new labor contract law.

A voice like "resignation" has been heard.

WAL-MART, South Korea, LG and so on have heard the news of layoffs, and most of them are temporary workers and long working age groups.

Reporters entered the "new labor law of 2008" on Baidu, and got 492 thousand related contents.

In addition to the introduction and interpretation of the contents of the new law, it is also accompanied by complaints of unfair treatment by netizens and dismissal at the end of the year.

If the new law is compared to a balance, when the new law is formally implemented, it is not only some bosses who are anxious, but also those who need to improve their understanding of the new law and defend their rights and interests.

It was the kind of people most wanted to protect by the new law.

Before stepping on thunder, corporate bosses drew a clear line with them.

So how many sharp blades are hidden in the new law, which triggered the collective panic of the bosses at the end of 2007?

Edge 1:

Limited contract short term

Interpretation of the labor contract law: "new rice bowl" is not a return to the "iron rice bowl".

A survey of employment market across the country shows that over 60% of the labor contracts signed by employers and employees are short-term contracts, and the duration of contracts is mostly within 1 years.

Some experts believe that a major highlight of the new law is to solve the problem of short term labor contracts.

This is reflected in: emphasis on the importance of written labor contracts, stipulates that employers who have worked for more than 1 months but are not satisfied with 1 years' written labor contracts with workers shall pay two times the monthly wage to the workers.

At the same time, it is stipulated that, if the contract is not signed for more than 1 years, it is deemed to have signed a labor contract without a fixed term; if a contract is renewed for two consecutive fixed-term labor contracts, a non fixed term labor contract shall be concluded; when the contract is terminated, the employing unit shall normally pay the financial compensation to the laborers according to the standard of 1 months per year, and the maximum economic compensation shall not exceed 12 months. It is stipulated that in some special cases (if the unit has worked continuously for 10 years and renewed the labor contract), the employing unit shall conclude a labor contract with an employee without a fixed term.

Edge 2:

No sign of contract is expensive.

The consequences of not signing a written labor contract are clearly written into the legislation, reflecting the determination of the legislators to implement the "written contract".

After the implementation of the new law, employers will pay a high price for violating this regulation.

According to the first paragraph of article eighty-second of the labor contract law, the employer shall pay 2 times the monthly salary for the worker if he fails to conclude a written labor contract with the worker for more than 1 months from the date of his own employment for more than 1 months.

The fourteenth clause and the third paragraph stipulate that if the employer fails to conclude a written labor contract with the worker for 1 years from the date of his own employment, it is deemed that the employer and the laborer have entered into an unfixed term labor contract.

A clearer and more detailed definition of illegal consequences has greatly enhanced the actionable nature of workers' rights relief. At the same time, because of the high cost of illegal activities, some employers have tried to raise the threshold of illegal activities.

Edge 3:

Specify the length of probation period

The new labor contract law is about to be implemented, and part-time tour guides will be eliminated.

In many cases, the probationary period is too long, and it has been criticized by employers who have paid the labor of their labor without compensation. When workers and employers sign labor contracts, this is the most controversial issue.

This phenomenon will be contained in the labor contract law in a more detailed and clearer stipulation.

The new law stipulates that the probation period shall not exceed 1 months if the term of the labor contract is less than 1 years for more than 3 months, and the probation period shall not exceed two months if the term of the labor contract is 1 years or less, and the probation period of a fixed term and no fixed term for more than 3 years shall not exceed six months.

In addition, the same employer and the same worker can only agree on a probation period.

In the probationary period, if wages are not paid, or the unfair treatment of wages is paid according to the proportion, the new rule puts forward the reference standard for the minimum wage during the probation period to rectify it: the wages of the laborers during the probation period shall not be lower than the minimum wage of the same Posts of the unit or 80% of the fixed wage of the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Therefore, in the probation period, the labor contract law is more specific and more operable.

Edge 4:

Contracts should also be compensated for their natural termination.

The labor contract law details the length of service to zero interval for at least half a year.

In accordance with the provisions of the old law, no fault worker will be compensated only if the employer unilaterally terminates or voluntarily proposes to terminate the unexpired labor contract. If the contract expires, the worker will not get any compensation in general.

In the new law, this rule, which has been implemented for 12 years, will be subverted.

The labor contract law stipulates that in addition to the reasons why workers can not renew their contracts, the employing units must also pay economic compensation, which is exactly the same as the standard of relieving long term labor contracts. This is reflected in forty-fourth and forty-six clauses.

This provision of the new law is an international practice. It is an encouragement to the employees who perform the labor contract in good faith. It also embodies a kind of humanistic solicitude for employees' life after they leave.

As for the problem of whether the compensation standard is too high, some experts believe that it depends on whether the internal system and management level of the enterprise are also in the same way.

As long as the law-abiding enterprises, the cost should not increase significantly.

Edge 5:

Labor dispatch is difficult to avoid.

Labor dispatch refers to the conclusion of labor contracts between dispatched organizations and dispatched workers, from dispatched workers to enterprises to be dispatched to enterprises, and labor contract relationships between dispatched institutions and dispatched workers, but the fact of labor payment occurs between dispatched workers and enterprises to be dispatched.

In essence, labor dispatch is a mode of labor management which separates recruitment and employment. One side employs workers but does not use workers, and the other side does not recruit workers, but actually uses workers, and the two sides establish the relationship between dispatched and employed personnel through the "labor agreement".

The separation of management rights and usufruct makes the labor dispatching innate defects irreparable. The stability and sense of occupational safety of labourers are hard to be protected, and the rights and interests of workers are also easily infringed.

Labor dispatch began to become popular in China since the 90s of last century.

According to incomplete statistics, there are more than 20000 labor dispatching companies in China.

Some employers are keen on the use of labor dispatched workers, to a large extent, hoping to avoid responsibility.

In view of the anxiety of many entrepreneurs who will increase the cost of enterprises, affect the stability of employment and the quality of employment, some experts believe that the introduction of the labor contract law will bring certain impact on the management of enterprises in a short time. But it should also be noted that the purpose of the labor contract law is to "improve labor contracts, build and develop harmonious and stable labor relations, and protect the legitimate rights and interests of workers".

In essence, it is a law protecting labor relations, and its emergence embodies the victory of shared value and balanced thinking.

For enterprises, building harmonious and competitive labor relations within the enterprise is the foundation for consolidating and safeguarding their own interests.