A Study on the Influence of Labor Contract Legislation in China - Focus on the law of Employment Contract
Date Issued
2010
Date
2010
Author(s)
Zeng, Yi-Siang
Abstract
The law of Employment Contract, which could be the tremendous reform in the field of labor law was came into force on the first day of January, 2008. Looking through all the law, it is not difficult to find that the Chinese lawmakers tried to provide the numerous Chinese labors for more protection than before. According to the law, labors’ bargaining position opposite to their employers could be elevated in lawmakers’ opinion. However, the legislative mode is so detailed and inflexible that labors’s situation didn’t get better and even the growth of Chinese economic was affected so far.
This research fouses on the contrast between the law of Employment Contract and its influence, and finds out the problem of the legislative mode of labor contract, and tries to propose the best legislative framework finally. First, I grabbed six observational criterions including work rules, the form of employment contract, the term of employment contract, probation period, competition restriction, and dismiss from the law, and researched how the law of employment contract protect labor right relying on limiting the freedom of contract the employers possess through the analysis of comparative law and historical law. Second, I looked into the reasons of above-mentioned limitations through the elements of economics, politics, and society separately. I also used labor economics, law and economics, flexicurity as approaches to analysis these limitations, and therefore got the advantages and disadvantages of the influence. Finally, I evaluated the law of employment contract in China, and brought up a legislative advice. Wish the labor-capital relations can grow up with good interaction on the foundation of well employment law.
Subjects
law of employment contract
labor contract
freedom of contract
labor economics
law and economics
flexicurity
SDGs
Type
thesis
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