《劳动合同法》的台前幕后

Within and Beyond the Labor Contract Law

2010-11-02

编者按：2008年1月1日，《劳动合同法》高调出台。相对出台之前的各种猜测，那些板上定钉的条款，让更多人参与到这场劳资双方的利益争论中。企业界、劳动者、工会、法学界等纷纷做出了自己的解释。
与现行劳动法相比，《劳动合同法》增加了若干有利于劳动者的规定，如：用工必须签订书面劳动合同、连续工作满十年应签订无固定期限劳动合同、合同到期前终止时要支付经济补偿金、对劳务派遣用工形式进行规范等等。令人没有料到的是，在它实施前却发生了一股企业与员工解约的风潮，不少企业开始大规模地解雇员工……
这部被企业视为"狼"，被劳动者视为"护身符"的法律究竟能不能承担起构造更为和谐的劳资关系的使命？它高调出台的背后又有着怎样的历史背景和曲折故事？本刊将继续刊登由劳动合同法大争论的标志性人物、华东政法学院博士生导师董保华教授著作的《<劳动合同法>的台前幕后》。

Editor’s Notes: January 1st, 2008 witnessed the high-keyed promulgation of Labor Contract Law. Compared to various speculations before its promulgation, its hard-and-fast articles involved an increasing number of people in the dispute over the interests of labor and management. Its interpretation differed from the business community and the labor class to the labor unions and the circle of law studies.
Compared to the previous labor law, the Labor Contract Law contains more added stipulations in favor of the employees. For instance, a written labor contract shall be concluded in order to establish an employment relationship; a non-fixed term labor contract shall be concluded between the employer and the employee with not less than ten years of service; the employer shall pay the economic compensation to the employee if the labor contract is terminated before its expiration; and the forms of labor dispatch shall be specified. Unexpectedly, before the Labor Contract Law was implemented, there was a strong wave of enterprises terminating contracts with employees. Many enterprises began to dismiss their employees on a large scale. Regarded as a spell by the employers but a talisman by the employees, can this law accomplish its mission of building a more harmonious employment relationship? Under what historical background was it promulgated and what problems did it encounter? We are serializing the work of Within and Beyond the Labor Contract Law written by Professor Dong Baohua, a doctoral supervisor from East China University of Political Science and Law and the key figure of the drastic debate on Labor Contract Law.

《劳动合同法》的台前幕后

Within and Beyond the Labor Contract Law

2010-11-02

编者按：2008年1月1日，《劳动合同法》高调出台。相对出台之前的各种猜测，那些板上定钉的条款，让更多人参与到这场劳资双方的利益争论中。企业界、劳动者、工会、法学界等纷纷做出了自己的解释。
与现行劳动法相比，《劳动合同法》增加了若干有利于劳动者的规定，如：用工必须签订书面劳动合同、连续工作满十年应签订无固定期限劳动合同、合同到期前终止时要支付经济补偿金、对劳务派遣用工形式进行规范等等。令人没有料到的是，在它实施前却发生了一股企业与员工解约的风潮，不少企业开始大规模地解雇员工……
这部被企业视为"狼"，被劳动者视为"护身符"的法律究竟能不能承担起构造更为和谐的劳资关系的使命？它高调出台的背后又有着怎样的历史背景和曲折故事？本刊将继续刊登由劳动合同法大争论的标志性人物、华东政法学院博士生导师董保华教授著作的《<劳动合同法>的台前幕后》。

Editor’s Notes: January 1st, 2008 witnessed the high-keyed promulgation of Labor Contract Law. Compared to various speculations before its promulgation, its hard-and-fast articles involved an increasing number of people in the dispute over the interests of labor and management. Its interpretation differed from the business community and the labor class to the labor unions and the circle of law studies.
Compared to the previous labor law, the Labor Contract Law contains more added stipulations in favor of the employees. For instance, a written labor contract shall be concluded in order to establish an employment relationship; a non-fixed term labor contract shall be concluded between the employer and the employee with not less than ten years of service; the employer shall pay the economic compensation to the employee if the labor contract is terminated before its expiration; and the forms of labor dispatch shall be specified. Unexpectedly, before the Labor Contract Law was implemented, there was a strong wave of enterprises terminating contracts with employees. Many enterprises began to dismiss their employees on a large scale. Regarded as a spell by the employers but a talisman by the employees, can this law accomplish its mission of building a more harmonious employment relationship? Under what historical background was it promulgated and what problems did it encounter? We are serializing the work of Within and Beyond the Labor Contract Law written by Professor Dong Baohua, a doctoral supervisor from East China University of Political Science and Law and the key figure of the drastic debate on Labor Contract Law.

《劳动合同法》的台前幕后

Within and Beyond the Labor Contract Law

2010-11-02

编者按：2008年1月1日，《劳动合同法》高调出台。相对出台之前的各种猜测，那些板上定钉的条款，让更多人参与到这场劳资双方的利益争论中。企业界、劳动者、工会、法学界等纷纷做出了自己的解释。
与现行劳动法相比，《劳动合同法》增加了若干有利于劳动者的规定，如：用工必须签订书面劳动合同、连续工作满十年应签订无固定期限劳动合同、合同到期前终止时要支付经济补偿金、对劳务派遣用工形式进行规范等等。令人没有料到的是，在它实施前却发生了一股企业与员工解约的风潮，不少企业开始大规模地解雇员工……
这部被企业视为"狼"，被劳动者视为"护身符"的法律究竟能不能承担起构造更为和谐的劳资关系的使命？它高调出台的背后又有着怎样的历史背景和曲折故事？本刊将继续刊登由劳动合同法大争论的标志性人物、华东政法学院博士生导师董保华教授著作的《<劳动合同法>的台前幕后》。

Editor’s Notes: January 1st, 2008 witnessed the high-keyed promulgation of Labor Contract Law. Compared to various speculations before its promulgation, its hard-and-fast articles involved an increasing number of people in the dispute over the interests of labor and management. Its interpretation differed from the business community and the labor class to the labor unions and the circle of law studies.
Compared to the previous labor law, the Labor Contract Law contains more added stipulations in favor of the employees. For instance, a written labor contract shall be concluded in order to establish an employment relationship; a non-fixed term labor contract shall be concluded between the employer and the employee with not less than ten years of service; the employer shall pay the economic compensation to the employee if the labor contract is terminated before its expiration; and the forms of labor dispatch shall be specified. Unexpectedly, before the Labor Contract Law was implemented, there was a strong wave of enterprises terminating contracts with employees. Many enterprises began to dismiss their employees on a large scale. Regarded as a spell by the employers but a talisman by the employees, can this law accomplish its mission of building a more harmonious employment relationship? Under what historical background was it promulgated and what problems did it encounter? We are serializing the work of Within and Beyond the Labor Contract Law written by Professor Dong Baohua, a doctoral supervisor from East China University of Political Science and Law and the key figure of the drastic debate on Labor Contract Law.

《劳动合同法》的台前幕后

Within and Beyond the Labor Contract Law

2010-11-02

编者按：2008年1月1日，《劳动合同法》高调出台。相对出台之前的各种猜测，那些板上定钉的条款，让更多人参与到这场劳资双方的利益争论中。企业界、劳动者、工会、法学界等纷纷做出了自己的解释。
与现行劳动法相比，《劳动合同法》增加了若干有利于劳动者的规定，如：用工必须签订书面劳动合同、连续工作满十年应签订无固定期限劳动合同、合同到期前终止时要支付经济补偿金、对劳务派遣用工形式进行规范等等。令人没有料到的是，在它实施前却发生了一股企业与员工解约的风潮，不少企业开始大规模地解雇员工……
这部被企业视为"狼"，被劳动者视为"护身符"的法律究竟能不能承担起构造更为和谐的劳资关系的使命？它高调出台的背后又有着怎样的历史背景和曲折故事？本刊将继续刊登由劳动合同法大争论的标志性人物、华东政法学院博士生导师董保华教授著作的《<劳动合同法>的台前幕后》。

Editor’s Notes: January 1st, 2008 witnessed the high-keyed promulgation of Labor Contract Law. Compared to various speculations before its promulgation, its hard-and-fast articles involved an increasing number of people in the dispute over the interests of labor and management. Its interpretation differed from the business community and the labor class to the labor unions and the circle of law studies.
Compared to the previous labor law, the Labor Contract Law contains more added stipulations in favor of the employees. For instance, a written labor contract shall be concluded in order to establish an employment relationship; a non-fixed term labor contract shall be concluded between the employer and the employee with not less than ten years of service; the employer shall pay the economic compensation to the employee if the labor contract is terminated before its expiration; and the forms of labor dispatch shall be specified. Unexpectedly, before the Labor Contract Law was implemented, there was a strong wave of enterprises terminating contracts with employees. Many enterprises began to dismiss their employees on a large scale. Regarded as a spell by the employers but a talisman by the employees, can this law accomplish its mission of building a more harmonious employment relationship? Under what historical background was it promulgated and what problems did it encounter? We are serializing the work of Within and Beyond the Labor Contract Law written by Professor Dong Baohua, a doctoral supervisor from East China University of Political Science and Law and the key figure of the drastic debate on Labor Contract Law.

《劳动合同法》的台前幕后

Within and Beyond the Labor Contract Law

2010-11-02

编者按：2008年1月1日，《劳动合同法》高调出台。相对出台之前的各种猜测，那些板上定钉的条款，让更多人参与到这场劳资双方的利益争论中。企业界、劳动者、工会、法学界等纷纷做出了自己的解释。
与现行劳动法相比，《劳动合同法》增加了若干有利于劳动者的规定，如：用工必须签订书面劳动合同、连续工作满十年应签订无固定期限劳动合同、合同到期前终止时要支付经济补偿金、对劳务派遣用工形式进行规范等等。令人没有料到的是，在它实施前却发生了一股企业与员工解约的风潮，不少企业开始大规模地解雇员工……
这部被企业视为"狼"，被劳动者视为"护身符"的法律究竟能不能承担起构造更为和谐的劳资关系的使命？它高调出台的背后又有着怎样的历史背景和曲折故事？本刊将继续刊登由劳动合同法大争论的标志性人物、华东政法学院博士生导师董保华教授著作的《<劳动合同法>的台前幕后》。

Editor’s Notes: January 1st, 2008 witnessed the high-keyed promulgation of Labor Contract Law. Compared to various speculations before its promulgation, its hard-and-fast articles involved an increasing number of people in the dispute over the interests of labor and management. Its interpretation differed from the business community and the labor class to the labor unions and the circle of law studies.
Compared to the previous labor law, the Labor Contract Law contains more added stipulations in favor of the employees. For instance, a written labor contract shall be concluded in order to establish an employment relationship; a non-fixed term labor contract shall be concluded between the employer and the employee with not less than ten years of service; the employer shall pay the economic compensation to the employee if the labor contract is terminated before its expiration; and the forms of labor dispatch shall be specified. Unexpectedly, before the Labor Contract Law was implemented, there was a strong wave of enterprises terminating contracts with employees. Many enterprises began to dismiss their employees on a large scale. Regarded as a spell by the employers but a talisman by the employees, can this law accomplish its mission of building a more harmonious employment relationship? Under what historical background was it promulgated and what problems did it encounter? We are serializing the work of Within and Beyond the Labor Contract Law written by Professor Dong Baohua, a doctoral supervisor from East China University of Political Science and Law and the key figure of the drastic debate on Labor Contract Law.

《劳动合同法》的台前幕后

Within and Beyond the Labor Contract Law

2010-11-02

编者按：2008年1月1日，《劳动合同法》高调出台。相对出台之前的各种猜测，那些板上定钉的条款，让更多人参与到这场劳资双方的利益争论中。企业界、劳动者、工会、法学界等纷纷做出了自己的解释。
与现行劳动法相比，《劳动合同法》增加了若干有利于劳动者的规定，如：用工必须签订书面劳动合同、连续工作满十年应签订无固定期限劳动合同、合同到期前终止时要支付经济补偿金、对劳务派遣用工形式进行规范等等。令人没有料到的是，在它实施前却发生了一股企业与员工解约的风潮，不少企业开始大规模地解雇员工……
这部被企业视为"狼"，被劳动者视为"护身符"的法律究竟能不能承担起构造更为和谐的劳资关系的使命？它高调出台的背后又有着怎样的历史背景和曲折故事？本刊将继续刊登由劳动合同法大争论的标志性人物、华东政法学院博士生导师董保华教授著作的《<劳动合同法>的台前幕后》。

Editor’s Notes: January 1st, 2008 witnessed the high-keyed promulgation of Labor Contract Law. Compared to various speculations before its promulgation, its hard-and-fast articles involved an increasing number of people in the dispute over the interests of labor and management. Its interpretation differed from the business community and the labor class to the labor unions and the circle of law studies.
Compared to the previous labor law, the Labor Contract Law contains more added stipulations in favor of the employees. For instance, a written labor contract shall be concluded in order to establish an employment relationship; a non-fixed term labor contract shall be concluded between the employer and the employee with not less than ten years of service; the employer shall pay the economic compensation to the employee if the labor contract is terminated before its expiration; and the forms of labor dispatch shall be specified. Unexpectedly, before the Labor Contract Law was implemented, there was a strong wave of enterprises terminating contracts with employees. Many enterprises began to dismiss their employees on a large scale. Regarded as a spell by the employers but a talisman by the employees, can this law accomplish its mission of building a more harmonious employment relationship? Under what historical background was it promulgated and what problems did it encounter? We are serializing the work of Within and Beyond the Labor Contract Law written by Professor Dong Baohua, a doctoral supervisor from East China University of Political Science and Law and the key figure of the drastic debate on Labor Contract Law.

《劳动合同法》的台前幕后

Within and Beyond the Labor Contract Law

2010-11-02

编者按：2008年1月1日，《劳动合同法》高调出台。相对出台之前的各种猜测，那些板上定钉的条款，让更多人参与到这场劳资双方的利益争论中。企业界、劳动者、工会、法学界等纷纷做出了自己的解释。
与现行劳动法相比，《劳动合同法》增加了若干有利于劳动者的规定，如：用工必须签订书面劳动合同、连续工作满十年应签订无固定期限劳动合同、合同到期前终止时要支付经济补偿金、对劳务派遣用工形式进行规范等等。令人没有料到的是，在它实施前却发生了一股企业与员工解约的风潮，不少企业开始大规模地解雇员工……
这部被企业视为"狼"，被劳动者视为"护身符"的法律究竟能不能承担起构造更为和谐的劳资关系的使命？它高调出台的背后又有着怎样的历史背景和曲折故事？本刊将继续刊登由劳动合同法大争论的标志性人物、华东政法学院博士生导师董保华教授著作的《<劳动合同法>的台前幕后》。

Editor’s Notes: January 1st, 2008 witnessed the high-keyed promulgation of Labor Contract Law. Compared to various speculations before its promulgation, its hard-and-fast articles involved an increasing number of people in the dispute over the interests of labor and management. Its interpretation differed from the business community and the labor class to the labor unions and the circle of law studies.
Compared to the previous labor law, the Labor Contract Law contains more added stipulations in favor of the employees. For instance, a written labor contract shall be concluded in order to establish an employment relationship; a non-fixed term labor contract shall be concluded between the employer and the employee with not less than ten years of service; the employer shall pay the economic compensation to the employee if the labor contract is terminated before its expiration; and the forms of labor dispatch shall be specified. Unexpectedly, before the Labor Contract Law was implemented, there was a strong wave of enterprises terminating contracts with employees. Many enterprises began to dismiss their employees on a large scale. Regarded as a spell by the employers but a talisman by the employees, can this law accomplish its mission of building a more harmonious employment relationship? Under what historical background was it promulgated and what problems did it encounter? We are serializing the work of Within and Beyond the Labor Contract Law written by Professor Dong Baohua, a doctoral supervisor from East China University of Political Science and Law and the key figure of the drastic debate on Labor Contract Law.

《劳动合同法》的台前幕后

Within and Beyond the Labor Contract Law

2010-11-02

编者按：2008年1月1日，《劳动合同法》高调出台。相对出台之前的各种猜测，那些板上定钉的条款，让更多人参与到这场劳资双方的利益争论中。企业界、劳动者、工会、法学界等纷纷做出了自己的解释。
与现行劳动法相比，《劳动合同法》增加了若干有利于劳动者的规定，如：用工必须签订书面劳动合同、连续工作满十年应签订无固定期限劳动合同、合同到期前终止时要支付经济补偿金、对劳务派遣用工形式进行规范等等。令人没有料到的是，在它实施前却发生了一股企业与员工解约的风潮，不少企业开始大规模地解雇员工……
这部被企业视为"狼"，被劳动者视为"护身符"的法律究竟能不能承担起构造更为和谐的劳资关系的使命？它高调出台的背后又有着怎样的历史背景和曲折故事？本刊将继续刊登由劳动合同法大争论的标志性人物、华东政法学院博士生导师董保华教授著作的《<劳动合同法>的台前幕后》。

Editor’s Notes: January 1st, 2008 witnessed the high-keyed promulgation of Labor Contract Law. Compared to various speculations before its promulgation, its hard-and-fast articles involved an increasing number of people in the dispute over the interests of labor and management. Its interpretation differed from the business community and the labor class to the labor unions and the circle of law studies.
Compared to the previous labor law, the Labor Contract Law contains more added stipulations in favor of the employees. For instance, a written labor contract shall be concluded in order to establish an employment relationship; a non-fixed term labor contract shall be concluded between the employer and the employee with not less than ten years of service; the employer shall pay the economic compensation to the employee if the labor contract is terminated before its expiration; and the forms of labor dispatch shall be specified. Unexpectedly, before the Labor Contract Law was implemented, there was a strong wave of enterprises terminating contracts with employees. Many enterprises began to dismiss their employees on a large scale. Regarded as a spell by the employers but a talisman by the employees, can this law accomplish its mission of building a more harmonious employment relationship? Under what historical background was it promulgated and what problems did it encounter? We are serializing the work of Within and Beyond the Labor Contract Law written by Professor Dong Baohua, a doctoral supervisor from East China University of Political Science and Law and the key figure of the drastic debate on Labor Contract Law.

《劳动合同法》的台前幕后

Within and Beyond the Labor Contract Law

2010-11-02

编者按：2008年1月1日，《劳动合同法》高调出台。相对出台之前的各种猜测，那些板上定钉的条款，让更多人参与到这场劳资双方的利益争论中。企业界、劳动者、工会、法学界等纷纷做出了自己的解释。
与现行劳动法相比，《劳动合同法》增加了若干有利于劳动者的规定，如：用工必须签订书面劳动合同、连续工作满十年应签订无固定期限劳动合同、合同到期前终止时要支付经济补偿金、对劳务派遣用工形式进行规范等等。令人没有料到的是，在它实施前却发生了一股企业与员工解约的风潮，不少企业开始大规模地解雇员工……
这部被企业视为"狼"，被劳动者视为"护身符"的法律究竟能不能承担起构造更为和谐的劳资关系的使命？它高调出台的背后又有着怎样的历史背景和曲折故事？本刊将继续刊登由劳动合同法大争论的标志性人物、华东政法学院博士生导师董保华教授著作的《<劳动合同法>的台前幕后》。

Editor’s Notes: January 1st, 2008 witnessed the high-keyed promulgation of Labor Contract Law. Compared to various speculations before its promulgation, its hard-and-fast articles involved an increasing number of people in the dispute over the interests of labor and management. Its interpretation differed from the business community and the labor class to the labor unions and the circle of law studies.
Compared to the previous labor law, the Labor Contract Law contains more added stipulations in favor of the employees. For instance, a written labor contract shall be concluded in order to establish an employment relationship; a non-fixed term labor contract shall be concluded between the employer and the employee with not less than ten years of service; the employer shall pay the economic compensation to the employee if the labor contract is terminated before its expiration; and the forms of labor dispatch shall be specified. Unexpectedly, before the Labor Contract Law was implemented, there was a strong wave of enterprises terminating contracts with employees. Many enterprises began to dismiss their employees on a large scale. Regarded as a spell by the employers but a talisman by the employees, can this law accomplish its mission of building a more harmonious employment relationship? Under what historical background was it promulgated and what problems did it encounter? We are serializing the work of Within and Beyond the Labor Contract Law written by Professor Dong Baohua, a doctoral supervisor from East China University of Political Science and Law and the key figure of the drastic debate on Labor Contract Law.

《劳动合同法》的台前幕后

Within and Beyond the Labor Contract Law

2010-11-02

编者按：2008年1月1日，《劳动合同法》高调出台。相对出台之前的各种猜测，那些板上定钉的条款，让更多人参与到这场劳资双方的利益争论中。企业界、劳动者、工会、法学界等纷纷做出了自己的解释。
与现行劳动法相比，《劳动合同法》增加了若干有利于劳动者的规定，如：用工必须签订书面劳动合同、连续工作满十年应签订无固定期限劳动合同、合同到期前终止时要支付经济补偿金、对劳务派遣用工形式进行规范等等。令人没有料到的是，在它实施前却发生了一股企业与员工解约的风潮，不少企业开始大规模地解雇员工……
这部被企业视为"狼"，被劳动者视为"护身符"的法律究竟能不能承担起构造更为和谐的劳资关系的使命？它高调出台的背后又有着怎样的历史背景和曲折故事？本刊将继续刊登由劳动合同法大争论的标志性人物、华东政法学院博士生导师董保华教授著作的《<劳动合同法>的台前幕后》。

Editor’s Notes: January 1st, 2008 witnessed the high-keyed promulgation of Labor Contract Law. Compared to various speculations before its promulgation, its hard-and-fast articles involved an increasing number of people in the dispute over the interests of labor and management. Its interpretation differed from the business community and the labor class to the labor unions and the circle of law studies.
Compared to the previous labor law, the Labor Contract Law contains more added stipulations in favor of the employees. For instance, a written labor contract shall be concluded in order to establish an employment relationship; a non-fixed term labor contract shall be concluded between the employer and the employee with not less than ten years of service; the employer shall pay the economic compensation to the employee if the labor contract is terminated before its expiration; and the forms of labor dispatch shall be specified. Unexpectedly, before the Labor Contract Law was implemented, there was a strong wave of enterprises terminating contracts with employees. Many enterprises began to dismiss their employees on a large scale. Regarded as a spell by the employers but a talisman by the employees, can this law accomplish its mission of building a more harmonious employment relationship? Under what historical background was it promulgated and what problems did it encounter? We are serializing the work of Within and Beyond the Labor Contract Law written by Professor Dong Baohua, a doctoral supervisor from East China University of Political Science and Law and the key figure of the drastic debate on Labor Contract Law.