The effect analysis of labor contract law report release

BCC Beijing January 20 News According to the Voice of China, "Yang News" 13:15 reported that today (20th) morning, Beijing Cheng Zhi Migrant workers legal aid and Research Center issued the "Labor contract law", "labor dispute mediation Arbitration law," the implementation of the effect of the report, By analyzing the assistance cases and questionnaires of the 15 provinces of China, the article analyzes the influence of the two new laws on peasant workers and their labor dispute cases.　　Related situation connect CCTV reporter Sun Ying.　　Moderator: What positive effects did the two laws bring to the protection of peasant workers? Journalist: First, the rate of the signing of labor contracts has improved, from the statistics of aid cases, the rate of the signing of the labor contract is 17%, the statistical proportion of the questionnaire is 33.2%. Compared with the signing rate of the Chinese peasant Workers ' research report of Beijing Zhi Cheng Center, the Employment contract of migrant workers can be said to be improved in 12.5%.　　The important reason is that the labor contract law stipulates that the employing unit does not sign the labor contract with the laborer within one year, should pay double salary. The second positive effect is the diversity of cases, the protection of more workers ' rights and the highest proportion of wages and injuries in the construction sector, but the proportion has begun to decline and no longer represents an absolute majority of aid cases.　　The labor dispute cases of peasant workers extend to more types, such as overtime dispute, dissolution of labor relations dispute, social insurance dispute and so on. At the same time, the awareness of the labor contract law increased, most migrant workers (58.2%) of the labor contract law positive attitude. The positive effects also include, the Labor Dispatch has the preliminary standard, establishes the stable labor relations, the employing unit has the legal illegal situation, the laborer unilaterally terminates the labor contract may still request the economic compensation money, enhances relieves the labor contract the cost; some labor dispute cases can be a final, shorten the time and cost of workers ' rights,　　Labor dispute arbitration is free of charge, which facilitates the workers ' rights, the illegal cost of employing units increases and so on.　　Moderator: What problems arise after the implementation of the new law? Reporter: Because the "labor contract law" increased the illegal costs of employing units, some employers did not improve labor relations to consciously comply with the law, instead of using a variety of ways to circumvent the law, evade responsibility, or use a variety of forms of employment to circumvent the "labor contract law", such as the increase in the number　　The application of special working hours to increase the work system, to evade the law on overtime and overtime, the mandatory provisions of covert employment to evade employment responsibility, the arbitration phase of the case trial seriously overdue, flagrant violation of legal provisions and so on. Therefore, the report publisher suggested that the Supreme People's Court should analyze and collate the problems after the implementation of the new law, introduce a clear judicial explanation, recommend the NPC to review the local laws and regulations, and hope that the relevant departments can strengthen Labor supervision in order to safeguard the rights and interests of peasant workers and reduce labor disputes.