BEIJING, July 23 -- While the new Labor Contract
Law will come into force next year, there remains controversy over exactly how
it will be implemented.
Companies are concerned, for example, the law will overprotect workers' rights, while dismissing their own
interests.
It is quite understandable for employers and
employees to have different opinions about the law, which aims to rectify labor
relations. Both sides have concerns about its ability to protect their rights
and interests and doubt the other party's commitment to it. They are also not
sure whether enforcement organizations will be able to strictly implement the
law.
In fact, the enforcement of the law will be a test
for society, as the government, employers, workers and all other social members
are involved.
For the government and law enforcement departments,
the Labor Contract Law tests whether they have the correct concept of
administration - people's livelihoods, capital or GDP figures - with the latter
being the current first priority in the process of administration and law
enforcement in many areas.
For a long time, we have set GDP as the only goal to
pursue. As long as GDP growth was realized, laws and regulations, as well as
workers' rights and interests, could be put to one side. Some regional
governments openly abandoned law enforcement and trampled on workers' rights to
lure investors.
The main characteristic of the Labor Contract Law is
that it puts special emphasis on protecting workers' legitimate rights and
interests. Therefore, its implementation requires the government and law
enforcement departments to change their ideas. They must abandon the backward
and inhuman policies of toadying to company chiefs, and show a determination to
protect workers' rights even at the price of slowing GDP growth.
Maybe the Labor Contract Law will affect the
country's attractiveness to investors as well as GDP growth but this just sets a
serious test to the government and law enforcement departments. Once employers
change their concept and a worker-friendly social environment is formed,
everything will get on a sound cycle and the economy will get on a sustainable
and fast track of development.
The enforcement of the Labor Contract Law also tests
employers' spirit of humanism, concept of equality and sense of social
responsibility. On those stipulations giving special emphasis on protecting
workers' rights and interests, experts have pointed out that the new law will
not burden companies that have been operating according to law. For companies
that lack a sense of social responsibility and willfully exploit their workers,
the implementation of the new law will be a huge burden.
(Source: China Daily/by Lao Li, associate professor with Shandong Institute of Political Science and Law)