中国劳动合同法的影响研究.pdfVIP

Document hosted at /post/documentViewer.aspx?fid=1a0364a0-cd3e-436b-baf4-0adc0c709db6 The Impact of China’s New Labor Contract Law It has been a little over six months since China enacted its groundbreaking new Labor Contract Law, which is just enough time to get a preliminary assessment of its impact. The new Labor Law has had a huge impact on how employees are treated in China and on how they view their rights. It also has increased employer costs, but less than publicized. The new Labor Law has caused some companies to go out of business and other companies to move to countries less protective of their workers, but in most cases, those companies that have gone under or left were not terribly profitable in the first place. The LCL is intended to improve the lot of China’s employees: This Law has been formulated to improve and perfect the labor contract system, to make explicit the rights and obligations of both parties of the labor contract, to protect the lawful rights and interests of laborers and to build and develop harmonious and stable labor relationships.1 (Emphasis added) Before enactment of the LCL, employee abuse was rampant in China and worsening. Labor disputes in China increased more than thirteen fold between 1995 and 2006 and a large and growing number of these disputes were erupting into public demonstrations.2 Most Chinese labor law experts viewed the existing labor laws and regulations as inadequate for solving employer-employee disputes, and viewed employees as lacking legal protection.3 The LCL was designed to give employees greater