[news] direct reporting network Beijing on November 9th (first financial daily) department who said that the implementation of the labor contract law on the legislative purpose, no labor contract, economic compensation and other fixed period there are some controversial content, the next step will be a non fixed term labor contract content for the comprehensive assessment, proposed amendments to the labor contract law based on research on the evaluation of proposals.

"Labor contract law" or will usher in the two amendment.

In November 7th, the twelve session of the twenty-fourth meeting of the NPC Standing Committee voted through the "on behalf of the Twelfth National People's Congress of the fourth meeting of the presidium of the delivery review proposal to consider the results of the report" (hereinafter referred to as the "report").

Some media said that the "report" was held in March this year, the four session of the twelve National People's Congress, a number of deputies submitted 10 pieces of the labor contract law on the amendments to the motion. Ministry of human resources and social security, the implementation of the labor contract law on the legislative purpose, no labor contract, economic compensation and other fixed period there are some controversial content, the next step will be a non fixed term labor contract content to conduct a comprehensive assessment, proposed amendments to the labor contract law suggestions based on Research on the evaluation of.

Since the formal implementation of the "labor contract law" in January 1, 2008, the dispute has not stopped. Former Treasury Secretary Lou Jiwei, who has just stepped down, has repeatedly said that the law needs to be modified to enhance the flexibility of the labor market in china.

The meeting of the Political Bureau of the CPC Central Committee, held at the end of 7 this year, has increased the flexibility of the labor market and the suppression of asset bubbles and the reduction of the macro tax burden as the three key points of "lowering costs".

The industry generally believe that the labor market flexibility China problems and cannot be blamed on the "labor contract law", but some provisions of the law is obviously increasing the rigidity of the labor market.

"No fixed term contract" cited controversy

The 10 "on the revision of the labor contract law of motion", the "labor contract law" to protect the interests of workers, while ignoring the interests of enterprises, signed the provisions of non fixed term labor contract does not conform to the actual situation of workers, should be appropriate to increase the labor cost of default, and the problem of arrears of wages of migrant workers in construction industry outstanding, the implementation of the wage guarantee system lack of legal basis, proposed to amend the labor contract law.

In November 7th through the "report" said, the NPC Financial and Economic Committee recommended that the Ministry of human resources and the further research on behalf of opinions, to strengthen the study of argumentation, speed up the progress of work, timely put forward suggestions on Amending the law.

Lou Jiwei held in February 19th this year, the 50 Chinese Economic Forum 2016 annual meeting, the next step is to modify the labor contract law, keep a reasonable place, excluding too rigid parts, ensure the flexibility of the labour market, reflect the balance of enterprises and workers.

Among them, the "non fixed term labor contract" from the "labor contract law" was born on the date of the law is considered to be the "rigid part" of the terms of the representative. Non fixed term labor contract, the employer and the employee agreed to terminate the labor contract without a fixed time. "Labor contract law" fourteenth provisions to meet the three conditions, the employer and the employee consensus, can be entered into a non fixed term labor contract. Among them, the "continuous signed two fixed term contract must be a non fixed term labor contract" this provision is controversial in the "labor contract law" drafting the law, the intention is to improve the stability of the labor market, because in the law of labor market in short period of employment situation, many enterprises and employees just signed a year contract, lawmakers want to pass the law to promote enterprise long-term labor contract is signed.

However, the first financial reporter found in the survey, the law enforcement after the compliance level of different enterprises have different situations.

The implementation of the law, signed a contract with the laborer does extend period, extended from one year to three years or five years, most of these enterprises are state-owned enterprises and foreign enterprises; then adopt various ways to circumvent the provisions of some enterprises, the more common is the labor dispatch and outsourcing, avoid signing direct labor relations with the staff.

In the low-end labor market to migrant workers, the implementation of "labor contract law" in the 8 years, migrant workers labor relations and labor unrest had not expected, the proportion of migrant workers to sign labor contract but in the fall. National Bureau of statistics released the annual "migrant monitoring report" shows that in 2015 the proportion of migrant workers with employers or units signed a labor contract was 36.2%, down 1.8 percentage points over the previous year.

Dean of Tsinghua University Academy of Social Sciences Li Qiang told reporters, "one day" is becoming increasingly common in the southeast coast of employment, because once signed a labor contract, you need to pay social security for employees, but the high cost of social security benefits, enterprises adopt "a day" way to recruit workers, and to avoid the legal labor laws and regulations in terms of social security requirements.

Peking University, associate professor of Guanghua School of Management Zhang Zheng told the first financial interview said that due to the lack of long-term expectations, migrant workers in the "temporary" salary requirement is far higher than the "long-term" two times and sometimes "short-term workers" wages can be as high as "long-term", workers are also willing to do jobs. Thus in the labor market, but the formation of a "win-win" balance.

An industry source told this reporter, "