Suzhou XinShi human resources co., LTD
The contact：Manager li
address：Xiangcheng district headquarters economic park area A Huang Qiao street
The twenty-eighth session of the Standing Committee of the Tenth National People's Congress passed the "labor contract law of the people's Republic of China" in June 29, 2007, which will take effect as of January 1, 2008. The mutual rights and regulate labor rights and interests of the labor contract law through a few months after the release, unit of choose and employ persons behave quite sensitive, rushing to deal with, some enterprises surprise layoff or meal contracts, some slowdown in hiring pace. The purpose is to avoid responsibility, reduce labor costs. And the legitimate rights and interests of the labor contract law to protect the majority of workers, the performance was relatively indifferent, far less than the degree of concern. Experts point out that, facing the enterprises of different forms of response measures, in the weak position of workers, before the "labor contract law" came into force should be seize the time to learn, pay attention to the employing units and initiatives and changes in the workplace, with the provisions of the law to safeguard their own rights and interests.
New changes in the pattern of workplace
The implementation of "labor contract law" will bring about a series of changes in the pattern of the workplace in 2008, from the perspective of labor and employment and contract form, there will be two major changes:
First, the long-term contract has become the first choice for both employers and employees. The "labor contract law" stipulates that the employer shall establish a written labor contract with the laborer to establish the labor relationship between the employer and the employee. In the labor contract and the non fixed term labor contract, the labor and capital are more inclined to the medium and long term contract. After the implementation of the "labor contract law", employers tend to be rational, pay more attention to staff inspection, training and employee team stability, the process takes three to five years. Therefore, some enterprises and employees for the first time to sign a contract, often choose the 3 year contract period. Through 3 years of time, choose suitable for enterprise development of the staff, for the second fixed contract and after the no fixed term contract to lay a good foundation. Workers hope that the occupation is stable, there is room for development, do not want to withstand the short-term contract. With the "labor contract law" protection, they will no doubt choose the medium and long term contract.
The two is difficult to renew the contract. After the "labor contract law" provisions, employees and employers signed two fixed term labor contract, if the renewal should be signed without a fixed term labor contract. Some units tendency and employees signed without a fixed term labor contract, in order to maintain the stability of the workforce, but does not rule out some enterprises for lower labor costs, reduce the risk of employment considerations, fixed term contract terminates naturally will not be renewed. For some key positions need to be signed without a fixed term labor contract, the conditions will be more demanding, the threshold will be more improved. This change, will give the majority of the stability of the staff, the continuity of the impact, but also to increase pressure on the workplace.
After the publication of the "labor contract law", the employer has already begun to carding units of labor contract, will in accordance with the laws and regulations to regulate and standardize the unit of employment, the existence of the form of labor contract, termination, conclude and adjustment, will on in-service vocational or not to have direct influence.
Exergy most employees are not affected in accordance with the provisions, before the signing of labor contracts in the implementation of the labor contract law shall continue to be effective, January 1, 2008 after signing the contract, according to the provisions of the labor contract law execution. The reality is that the majority of enterprises and employees of the existence of the contract is signed. Therefore, after the implementation of the labor contract law, the majority of enterprises have signed labor contract employees will not have much adjustment action.
- the longer length of service staff will be affected by the enterprise seriously labor contract law clearly stipulates, workers in the employer over ten years of continuous work and from the statutory retirement age of less than 10 years, to be signed without a fixed term labor contract. As long as this part of the workers to abide by the rules and regulations of the unit, work hard, there is no reason to dismiss the unit. Even the position adjustment, the unit will be treated with caution.
Exergy in key positions of employees 51job key positions is enterprise's operation, management, technology and other important positions, enterprises can not be separated from the personnel, labor contract due will renew, to sign a non fixed term labor contract, the conditions, as long as the consent of the individual, enterprises will take the initiative to sign non fixed term labor contract. Have the ability, the technical personnel will always be subject to the reuse of enterprises, these people's future is worry free.