Its evidence is, after first instance is passed by December 2005, since March 2006 " labor contract law " draft seeks an opinion publicly to the society, 1 short month, receive an opinion unexpectedly 190 thousand, exceed far " matter right law " the many 10 thousand feedback when draft seeks an opinion publicly.
In this giant number backside, labour and capital -- be in China one pair this once the controversy between the part of closely guard a secret or say contradiction begins to rise to surface. And farther observation, its more profound difference depends on, how to judge China the social contradiction now and should adopt why to plant a lot of problem that footing faces market economy to bring. This difference concerns legislative technique not only, more affect value orientaton and interest position.
Because the debate is intense, secondly careful from what decide formerly last year August remit to on December 24, after the time that 3 careful have by last year surely formerly also is delayed again and again. On March 23, the legislative informal discussion that occupies the limits of the last whole nation before calling 3 careful is held in Chengdu. The message on the conference says, this draft hopeful undertook in April 3 careful are passed.
But if each just contradict to be coordinated hard, emersion can be denied after 3 careful " matter right law " all previous classics the situation of 4 careful, 5 careful, 6 careful, 7 careful, not knowable also.
Protect whose interest
The controversy began from legislative primary purpose almost. In short, namely, " labor contract law " the legitimate rights and interests of both sides of labour and capital of should equal protection, or should the legitimate rights and interests that apt protects the worker that is in weak power position.
Although to protecting laborer interest, any one party are consentient, but difference is shown however on the way that how realizes this one tenet in the choice.
As we have learned, the clause about legislative tenet after many change. Send for the first time go over a manuscript or draft apply mechanically " contract law " , namely " " labor contract law " the legitimate rights and interests that protects party of labor contract both sides " . When draft is announced criterion instead " the behavior that conclude for unit of normative choose and employ persons and laborer and fulfils labor contract, protect the legitimate rights and interests of laborer, harmony of stimulative working relationship is stable, basis " labor law of People's Republic of China " , make this way " . But arrived draft 2 go over a manuscript or draft, its by " the legitimate rights and interests that protects worker, the harmony that stimulative labor concerns is stable " , turn into " the work that compose is built and expands harmonious stability concerns, the legitimate rights and interests that protects worker " .
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