The law and trend of the development of labor law, and the development process of labor law

Legal Analysis: Adopted at the Eighth Session of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No. 28 of the President of the People's Republic of China on July 5, 1994, and came into force on January 1, 1995. On August 27, 2009, the 10th Session of the Standing Committee of the 11th National People's Congress passed the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws, which came into force on the date of promulgation.

The amendment is as follows: "in accordance with the provisions of Article 1 of the Criminal Law" and "in accordance with the provisions of Article 1 of the Criminal Law" in Article 92 of the Labor Law of the People's Republic of China are amended to "in accordance with the relevant provisions of the Criminal Law". On December 29, 2018, the Seventh Session of the Standing Committee of the 13th National People's Congress passed amendments to the Labor Law of the People's Republic of China.

Legal basis: Labor Law of the People's Republic of China

Article 1 This Law is enacted in accordance with the Constitution in order to protect the lawful rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.

Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") within the territory of the People's Republic of China and to workers who have formed labor relations with them.

State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Article 3 Workers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided for by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 4 Employers shall establish and improve rules and regulations in accordance with law to ensure that workers enjoy labor rights and perform labor obligations.

Article 5 The State shall adopt various measures to promote labor employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers.

Personally, I believe that the labor law is mainly aimed at illegal enterprises, and it should protect vulnerable groups.

The Labour Code promotes fairness and harmony in labour relations.

The characteristics of market-oriented labor relations of "strong capital and weak labor" determine that absolute marketization will definitely lead to the conflict of labor relations. In order to safeguard their fundamental interests, capitalist countries also have to make certain adjustments and corrections to the extremely unbalanced labor relations through labor legislation, and it is their natural choice to favor the laborers in labor legislation.

In the early stage of the development of the market economy, China's labor legislation was seriously lacking, and there was neither a minimum wage nor a maximum working hour limit; There is neither a labor contract nor a social insurance system. On the one hand, the rights and interests of workers have been seriously harmed, and on the other hand, labor relations have become extreme, with incidents of jumping off buildings, strikes, and injuries to investors and managers occurring from time to time, and enterprises, workers, the state, and society have paid a great price for this.

The development of enterprises cannot be at the expense of the legitimate interests of workers, and the two major elements of capital and labor are related to each other, interact with each other, and cannot be abandoned, otherwise the development of enterprises cannot be talked about, and even survival is a problem.

The Labor Law takes "to protect the legitimate rights and interests of workers" as the basic purpose of legislation, and comprehensively regulates the employment behavior of enterprises by establishing basic labor standards and conditions and rules and procedures for coordinating labor relations, as well as labor inspection, dispute settlement and social insurance systems, actively advocating the correct employment concept, and fully protecting the legitimate rights and interests of workers, so as to promote the fairness and justice of labor relations, promote the harmony and stability of labor relations, and maintain the basic order of the market economy.

It is precisely the "tilt" of the Labor Law towards workers, as well as the labor standards and conditions determined by it and the rules for coordinating labor relations, which are not only in line with the requirements of international labor standards, but also in line with China's national conditions of development, that the skewed labor relations under the premise of "strong capital and weak labor" are relatively balanced and stable, that the labor and management parties full of conflicts of interest under the conditions of market economy are relatively peaceful and harmonious, and that the relative and continuous improvement of enterprise performance in the context of the global economic downturn is ensured.

The Labor Law provides a basis and guarantee for workers to assert and safeguard their rights and interests in accordance with the law, for enterprises to regulate and manage labor relations in accordance with the law, and to promote the harmonious development of enterprises.