Alternative interpretation of the hottest enterpri

2022-08-23
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Enterprises complain about the alternative interpretation of the labor contract law

a survey mainly aimed at manufacturing and service enterprises in the latest published Chinese Entrepreneur Magazine shows that more than half of the enterprises have different views on some provisions of the new labor contract law, and 70% of the enterprises hope to amend the new labor contract law, of which private enterprises account for 70.73% of the surveyed enterprises. So many voices of opposition indicate that this law has touched the pain of enterprises and the source of contradictions

it is understood that the terms that enterprises want to modify mainly include the following: relevant provisions of non fixed term labor contracts; When the enterprise unilaterally terminates the labor contract, it should provide labor compensation; The relevant provisions on economic compensation for layoffs should be revised; Employees' overtime and insurance. Among them, the reason for stipulating the contract period is that previously, enterprises mostly made up their minds about the contract period, and the difficulty of signing the contract once a year, which leads to the high development cost of workers, remains to be further solved. The provisions on the unilateral termination of labor contract compensation, employee insurance and overtime by enterprises have been stipulated in the labor law and other laws, but have not been seriously implemented for many years, and even become a sharp weapon for enterprises to make profits when the overall export amount of many industries decreases slightly

these questionable terms are exactly the aspects where the contradictions between enterprises infringing on the legitimate rights and interests of workers were concentrated in the past. When illegal "cheese" is touched, enterprises will certainly complain, not to mention some enterprises have been used to this mode of illegal employment. However, if the above provisions are deleted according to the query of the enterprise, the new "labor contract law" will be meaningless, and the damage to the rights and interests of workers will continue

at the same time, most of the complaints come from private enterprises, which is worth thinking about. Most private enterprises are concentrated in the downstream production industry, and the competition is fierce and cruel. At present, industries in the upstream often ask for price increases for reasons such as rising costs, shifting the pressure to downstream industries. In addition, with the increase of taxes and funds, downstream enterprises can only rely on plundering the profits of the labor market at the end of the industrial chain to ensure their survival

it is understood that from 1990 to 2005, the proportion of labor remuneration in GDP fell from 53.4% to 41.2%. At the same time in mid September 2017, the national tax and fee increased year by year, accounting for almost 40% of the gross national product, and monopoly enterprises also ranked among the most profitable enterprises for years. In this context, the complaints of private enterprises and the reality that the rights and interests of workers have been infringed also have a certain inevitability to some extent

therefore, to implement the labor contract law, the government should not only make efforts to strictly enforce the law and change the habit of bad enterprises to seek profits by infringing on the rights and interests of workers, but also reform the monopoly industries that are upstream to establish macro-control and market regulation mechanisms. At the same time, some upstream industries can no longer be allowed to rely on monopoly to increase the survival cost of downstream industries, resulting in the phenomenon of downstream industries' profits eroding wages. In addition, the government can no longer aim at the growth of taxes and fees. If the government gains too much from economic growth, it will inevitably increase the burden on enterprises and workers, and then affect the sustainable development of the economy. (end)

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