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The Perfection of Legal Regulation about the Internal Labor Market of Our Country

Author: QuanDongSheng
Tutor: ZhouChangZheng
School: Nanjing University
Course: Economic Law
Keywords: the internal labor market law of employment contracts efficiency the term of the employment contract rules and regulations
CLC: F272.92
Type: Master's thesis
Year: 2011
Downloads: 107
Quote: 0
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Abstract

LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS (law of employment contracts for short) has already implemented more than three years so far, but the contention on whether it should establish relatively high standards to protect employees, and whether increase the transaction costs of employers has never stopped. Combined with the differences on the term of the employment contract between our country and the foreign countries, especially the Foxconn jumping event happened in China in 2010,we know that, all the problems above involve in the regulation function and effect assessment of the law of employment contracts in the implementation of the internal labor market, and then involve in the perfection of legal regulation about the internal labor market of our country, which is a theme that the Labor law field should put positive attention. Based on that, this papers closely focuses on the research topics of the legal regulation of the internal labor market to research and discuss.This papers mainly uses economic analysis of law and many other kinds of research methods, to research and discuss the legal regulation of the internal labor market in view of law of employment contracts. In addition to the introduction and conclusion, this papers is divided into three parts:The first chapter, is the general theory of the internal labor market. Draw on the research findings in economics field, this part accurately defines the connotation and characteristics of the internal labor market, and also do a comparative analysis between the internal labor market and the external labor market for the relation and distinction. Through the interdisciplinary analysis, it gets that the internal labor market is essentially a employment institutional arrangement composed by the long-term employment contracts, under the legal regulations of law of employment contracts.The second chapter, is the legal regulation and effect evaluation of the internal labor market in our country, which is the key element of the full papers. By evaluating the effects about the transaction costs and efficiency of the internal labor market under law of employment contracts,it learned that law of employment contracts is helpful to promote and standardize the development of the internal labor market through the term of the employment contract, rules and regulations and dismissal protection etc, and it does not violate the principle of efficiency, but also achieves the scientific and democratic management for employees and reflects the philosophy of social law, to ensure the balance of the internal labor market between the economic efficiency and the social justice.The third chapter, is the perfection of legal regulations about the internal labor market of our country, which is the starting point, also the core and end-result of this papers. As law of employment contracts would help to promote the development of internal labor market and also do not violate the principle of efficiency, combined with the imperfectness of itself, we know that, our country should continue to adhere to the legislation philosophy of law of employment contracts, to improve and perfect the legal regulations about the internal labor market of our country through the term of the employment contract, rules and regulations and dismissal protection etc, which would ensure the normative adjustment and healthy development of the internal labor market, and ordered convergence between the internal labor market and the external labor market. Of course, the suggestions of the perfection of legal regulation about the internal labor market of our country are not only mutually complementary, indivisible, but also prioritized and focused.

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