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Study on the Problems in Labor Contract Law Implemented in High-tech Enterprises of Nanchang and the Countermeasures

Author: YangDan
Tutor: HeZuo
School: Nanchang University
Course: Business management
Keywords: high-tech enterprise labor contract law service period non-competition
CLC: D922.52
Type: Master's thesis
Year: 2010
Downloads: 79
Quote: 0
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Abstract


The Labor Contract Law of the People’s Republic of China is implemented since January 1,2008.From formulation, preparation to implementation, the law gained wide notice of the whole society, for it relates to laborer’s personal benefits. Because before this law was issued, China had been using the Labor Law of the People’s Republic of China (1995) to deal with labor relations between employers and workers. During the 15 years, our country’s economy has been developing in a high speed. With continuous changing of the main body of employers and labor structure, the Labor Law of the People’s Republic of China can no longer meet the need of the time, leaving a lot of problems unresolved. Labor disputes cause by labor contracts occurred now and then. As a result, the Labor Contract Law of the People’s Republic of China was put out. It is of great meaning in the case of protecting laborers’ legal rights, constructing and developing harmonious and steady employment relationship as well as promoting the building of socialism harmonious society.Compared with the Labor Law of the People’s Republic of China, the Labor Contract Law of the People’s Republic of China differentiates in labor contract management, probation, regulation and costs. High-tech enterprises should also pay attention to service period for training and non-competition. But these two points are not concrete in the new law, making it hard to direct implementation. So it is meaningful to study how high-tech enterprises stipulate articles with workers in the two aspects.The thesis is divided into seven parts. The first part introduces the context and meaning, then the content, train of thought and methods of the subject. The second part explains its theory thesis. The third part introduces the main idea of the law and influences to enterprises. The fourth part talks about the major problems in Nanchang enterprises based on questionnaire. Then several solutions are put forward in the fifth part. The next part refers to a case study. And finally, the seventh part is conclusion and prospect.

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CLC: > Political, legal > Legal > Chinese law > Labor Law > Labor Contract Law
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