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Draft of labor contract law: ノ brandish Rong casts Ji of live abroad of Dong
From;    Author:Stand originally
Recently, preparation of countrywide business association will be aimed at draft of labor contract law 2 go over a manuscript or draft (next weighing " draft " ) the opinion forms text file, timely submit law of countrywide National People's Congress to be versed in appoint.

A few days ago, a lot of opinions offerred on an is aimed at this draft seminar that gives priority to with the enterprise, sun Xiaohua of vice-chairman of countrywide business association expresses, these opinions have to next consideration of draft draw lessons from a meaning very well.

Who is the weak?

The first of draft is become yesterday the focus of the seminar.

Draft sets the first times: "Conclude for unit of normative choose and employ persons and laborer, fulfill, the change, behavior that remove and terminates labor contract, the work that compose is built and expands harmonious stability concerns, protect the legitimate rights and interests of laborer, according to labor law, make this way. Make this way..

This one is pointed to to think by enterprise delegate " imparity " , the proposal increases in protecting a boy or girl friend " unit of choose and employ persons " .

Wang Jie of secretary-general of committee of major of labor law of bar association of China whole nation is the 26th times with draft exemple think, this do not have the provision that involves action of laborer break a contact with relevant provision. On these regulations " not quits " choose unit of choose and employ persons to the position of the weak.

New Luo Jing of inspector general of assistant of ministry of resource of labor power of China couplet group thinks, draft is based on " laborer is weak force square " hypothesis is too general, "Because very much high skill and Gao Zhi know horizontal stuff,do not lose situation " . So, she thinks, laborer is not is the weak.

Termless contract argues

The delegate that comes from an enterprise is opposite consistently draft the 14th " sign follow-up of contract of fixed deadline labor twice to sign continuously " the regulation raised doubt, even somebody thinks of this clause carry out what affect the likelihood the business to live state.

Luo Jing thinks, this regulation will cause a company keep is middle, the person that does not have special skill and more high-energy force, the consequence that such bringing about is the enterprise can lose competition ability.

Delegates of some enterprise attending the meeting point out, if be carried out this future, "The enterprise just can search corresponding countermeasure only, do not eliminate to search reason to dismiss ahead of schedule the employee that does not have competition ability " .

Additional, around " probation salary " , " the service is sent " and " responsibility of breach of contract " the controversy that waits for relevant provision provision is likewise intense. The person that attend the meeting puts forward: "Hope this law gives a company after carry out at least the amortize of half an year period will get used to it.
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