지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
이용수
초록· 키워드
오류제보하기
In China, with the progress of marketization of the economy, there has been a rapid widespread adoption of flexible employment method. Chinese government, in response, has attempted to standardize the labor system and enact the laws regarding the matter. Lately, the labor dispatch system has been a popular employment choice among the companies. In this system, the collusion between the labor dispatch companies and the employers has lead to the infringement of the interests of the workers, breeding a social unrest. Relevant provisions of the labor dispatch laws did not prove to be able to resolve the issue, requiring further amendments. The Chinese government, after hearing from the public, intensively amended the said legislation.
However, it requires substantial amount of time and efforts for new laws to take effect. Amended legislation has been finalized after hearing from the public, but there is no fundamental change in the new laws, and significant parts of the legislation stay at the declarative level in light of Chinese society’s intricate interests. Thus, it seems impossible for non-normative practices such as the discrimination of the dispatch workers, the employers’ unwillingness to commit to direct labor relations and the excessive use of dispatch workers instead to cut the labor cost, and the flood of labor dispatch companies lacking capacity for assuming responsibility, to be resolved in short term. Accordingly, additional measures are required for new legislation to be effective, because the extent of the laws accomplishing their purposes in the society is dependent on not only the content of the laws themselves but also the enforcement system that carries out the laws. The value and authority of the national legislation rely on the legislation being fully implemented to regulate the society. Accordingly, law-abiding spirit of the employers, the labor dispatch control system, and the cooperation by involved parties for the common growth and interest are needed.
However, it requires substantial amount of time and efforts for new laws to take effect. Amended legislation has been finalized after hearing from the public, but there is no fundamental change in the new laws, and significant parts of the legislation stay at the declarative level in light of Chinese society’s intricate interests. Thus, it seems impossible for non-normative practices such as the discrimination of the dispatch workers, the employers’ unwillingness to commit to direct labor relations and the excessive use of dispatch workers instead to cut the labor cost, and the flood of labor dispatch companies lacking capacity for assuming responsibility, to be resolved in short term. Accordingly, additional measures are required for new legislation to be effective, because the extent of the laws accomplishing their purposes in the society is dependent on not only the content of the laws themselves but also the enforcement system that carries out the laws. The value and authority of the national legislation rely on the legislation being fully implemented to regulate the society. Accordingly, law-abiding spirit of the employers, the labor dispatch control system, and the cooperation by involved parties for the common growth and interest are needed.
목차
1. 서론
Ⅱ. 노동계약법수정 과정
Ⅲ. 노동계약법 수정결정의 의미와 한계
Ⅳ. 결론
참고문헌
참고문헌 (1)
참고문헌 신청
이 논문의 저자 정보
이 논문과 함께 이용한 논문
20세기 중국 과학사·기술사·의학사 독법(讀法) : 자기 부정과 자기 재생산을 양극으로 하는 하나의 스펙트럼 안에서
이종식
아세아연구
2021
.06
시진핑 정부와 ‘디지털 권위주의’
모준영
아세아연구
2021
.03
시진핑(习近平)의 중국몽(中国梦) : 팍스 시니카(Pax-Sinica)구상과 그 한계
이정남
아세아연구
2018
.12
헤겔적(Hegelian) 공동체 구상과 국가 성찰 : 독일과 대만의 사례를 통하여
손기영
아세아연구
2017
.12
중국의 노동계약법 적용사례 및 한국기업의 시사점
오수균
,
서상문
한국관세학회 학술대회
2015
.12
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2014-900-002821189