Nowadays, many citizens' awareness of rights protection is increasing, and the number of contracts appears more and more. It is also a link to achieve professional cooperation. Then do you know how to write a formal contract? The following is a paper on the problems existing in labor contract management and suggestions for strengthening. For reference only. Let's have a look.

The labor contract is an important written agreement between the laborer and the employer to determine the labor relationship and clarify the rights and obligations of both parties, and it is also an important legal basis for constructing the labor relationship. Article 16 of the Labor Law of People's Republic of China (PRC) stipulates: "To establish labor relations, a labor contract shall be concluded". The labor contract system has been widely implemented in China, but there are still some problems in the application process. Strengthening labor contract management is the most important thing to straighten out labor relations. This paper analyzes and discusses the following aspects, and puts forward specific countermeasures to strengthen the management of labor contracts and further rationalize labor relations.

Keywords: labor contract management; Labor relations; Enterprise development;

Labor relations are the most common social relations in the current social and economic development, and the harmonious degree of labor relations determines the harmonious degree of social and economic development. The promulgation and implementation of the Labor Contract Law has brought unprecedented development opportunities and challenges to China's labor contract management. Therefore, enterprises should strengthen labor contract management, build harmonious labor relations, and further promote the healthy development of social economy.

First, the significance of strengthening labor contract management

Strengthening labor contract management is helpful to build harmonious labor relations. Strengthening the management of labor relations has three meanings: first, promoting the construction of a harmonious socialist society and supporting the development of the national economy; Second, it helps to coordinate economic development and reduce the occurrence of infringement cases or labor security disputes; Third, standardize the employment behavior of employers and safeguard the legitimate rights and interests of workers and enterprises. Strengthening labor contract management and rationalizing labor relations are important measures to promote harmonious coexistence, equal cooperation and mutual benefit between workers and enterprises, which is conducive to helping enterprises maintain a good momentum of healthy and sustainable development and contribute to the development of national economy.

Second, the current labor contract management problems

(A) the labor contract management system is not perfect

According to the relevant investigation, quite a few enterprises have not improved the relevant rules and regulations of enterprise labor contract management, and have not established and improved the labor contract management ledger, which leads to the lack of guidance and standardization of labor contract management. The author believes that the formulation of labor contract management rules and regulations according to law can ensure the orderly and standardized operation of enterprises, minimize risk disputes, reduce operating costs and enhance the competitive strength of enterprises, on the other hand, it can prevent the arbitrariness of management, meet the needs of employees' sense of fairness and protect their legitimate rights and interests.

(two) since the date of employment, the employer and the employee have not signed a labor contract.

In the actual employment environment, there are reasons why employers and workers do not sign written labor contracts. The reason of employing units can be attributed to weak legal consciousness and lack of social responsibility. In order to avoid legal responsibility, some employers deliberately do not sign written labor contracts with workers, thinking that this can save the social insurance expenses of enterprises and reduce the expenditure of paying economic compensation. As we all know, once labor arbitration occurs, the cost of enterprises will not be reduced, but will increase the management cost of enterprises, and even have a negative impact on workers, which is not conducive to the emergence of harmonious labor relations and will affect the long-term development of enterprises over time. There are many reasons for workers, and the common situation is that there is an unfinished employment relationship. Employers should conduct necessary background checks before hiring employees to reduce the employment risk of enterprises.

(C) the performance of the labor contract is not optimistic

The principles of labor contract performance include individual performance, actual performance, comprehensive performance and cooperative performance. In the market economy environment, the problem of failing to implement the principle of comprehensive performance is particularly prominent. Article 29 of the Labor Contract Law stipulates that the employer and the employee shall fully perform their respective obligations in accordance with the labor contract. The behavior of both parties to perform their obligations according to the conditions stipulated in the labor contract. From the employer's point of view, the principle has not been fully implemented in the following aspects: first, the working hours and rest and vacation have not been implemented in accordance with the labor contract, and the employer has arranged for the workers to work overtime and failed to make up the rest or pay overtime wages in time; Second, labor remuneration is also the most controversial place in the principle of full implementation. The most common thing is that the two sides have disputes over whether the labor remuneration is paid in full and on time; Third, with the strengthening of workers' awareness of rights protection, in recent years, the issue of social insurance payment has become the second most controversial point after labor remuneration; Fourthly, with the emergence of the epidemic in novel coronavirus, labor protection, working conditions and protection against occupational hazards have gradually become the focus of disputes over the performance of labor contracts.

(four) the termination and dissolution of the labor contract are not standardized.

The situations in which the employer can dissolve or terminate the labor contract according to law are stipulated in the Labor Contract Law, including: Article 36 dissolution through consultation, Article 39 unilateral dissolution of negligence, Article 40 unilateral dissolution of negligence with advance notice, Article 41 economic layoffs and Article 44 termination of the contract. In most cases, the employer needs to pay economic compensation to the workers when dissolving and terminating the labor contract. With the strengthening of legal awareness and social responsibility of employers and the introduction of national social insurance support policies, the number of disputes over the dissolution or termination of labor relations by employers tends to decrease. After weighing the advantages and disadvantages, the employer will make a timely response according to the actual situation.

Three. Specific suggestions on strengthening labor contract management

(1) The employing unit shall formulate labor rules and regulations according to law.

Labor rules and regulations are production management systems formulated by employers for workers through certain procedures, which involve the vital interests of workers. Legal and effective labor rules and regulations can give full play to the enthusiasm of workers, improve labor productivity, improve the management level and ability of enterprises, and more importantly, they can be used as the basis for arbitration or litigation when labor disputes occur, and effectively solve labor disputes.

The establishment of labor rules and regulations needs to meet three conditions. First, it should be discussed by the workers' congress or all workers, put forward plans and opinions, and negotiate with trade unions or workers' representatives on an equal footing; The content of rules and regulations cannot violate laws and regulations, and the violated part is invalid; Rules and regulations shall be publicized or informed. Article 4 of the Labor Contract Law stipulates: "The employing unit shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations. When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing. In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation. The employing unit shall publicize or inform the rules and regulations and major decisions that directly affect the vital interests of workers. "

Enterprises can incorporate matters related to employees' interests and employee management norms into the employee handbook, issue them to employees when they go through the entry procedures, and make a record of signing for them to standardize employee contract management. On the one hand, the employee handbook can ensure the orderly and standardized operation of enterprises and minimize risk disputes; On the other hand, it can prevent the arbitrariness of management, meet the needs of employees' sense of fairness and protect the legitimate rights and interests of employees.

(two) the establishment of labor contract management ledger and employee roster.

In the process of development, enterprises must change the traditional concept of development, keep pace with the times, improve their self-awareness and management level, optimize the labor management system, and correctly exercise the rights and obligations entrusted by law. Employers should correctly treat labor relations from a strategic perspective, actively participate in publicizing and implementing national and local laws and regulations, and take building harmonious labor relations as the top priority to improve the development and management level of enterprises.

Combined with Article 7 of the Labor Contract Law, the employer establishes labor relations with the laborer from the date of employment. The employing unit shall establish a roster of employees for future reference. The contents of the traditional roster include name, gender, ID number, address, contact information, starting time and employment form. With the development of science and technology, human resource information management system and various human resource management applications also provide a faster way for enterprise human resource management. Enterprises can choose the appropriate human resource information management system according to the actual situation, so as to make the small roster contract management and the whole human resource management dynamic and real-time. Most importantly, the dynamic management of enterprises should be based on labor contracts to meet the needs of enterprise development.

(C) the government to strengthen the publicity of laws and regulations

In order to further standardize and standardize the rational operation of labor relations under the market economy, the government must make up for the defects of the labor contract system, effectively solve the employment problems existing in the implementation of the labor contract system, formulate scientific and perfect laws and regulations, ease the contradiction between labor and capital, and build a standardized and orderly labor relationship. In the process of publicity, the government should attract people's attention through various effective activities, let people know about the relevant provisions of the labor contract law, and let people establish certain legal concepts in the process of learning and understanding, so as to use the labor contract law to safeguard their legitimate rights and interests in their future work and life.

In recent years, the local government has successively issued a number of support policies, which on the one hand reduced the economic burden of enterprises, on the other hand stabilized the employment of workers. On the road of building harmonious labor relations, the government should continue to increase the publicity of labor contract law; Second, we should strengthen leadership and create better conditions for the implementation of the labor contract law; Third, strive to achieve the win-win goal of safeguarding the rights and interests of employees and the healthy development of enterprises; Fourth, further play the role of trade unions in coordinating labor relations.

Four. conclusion

Combining the above contents, strengthening labor contract management and rationalizing labor relations will help to build a stable and harmonious labor relationship. Enterprises should strengthen labor contract management, combine laws and regulations to build scientific and perfect rules and regulations, strengthen standardized management of workers, and make contributions to the realization of enterprise strategic goals.

Verb (abbreviation of verb) reference

[1] range. Reflection and improvement on the form of compulsory labor contract [J]. Journal of China Renmin University, 2018 (08):17-19.

[2] Kang Jitian. The legal value of labor right is independent of labor right [J]. Journal of Shanghai University of Political Science and Law, 2017 (03):11-0/5.

[3] Mao Wei. On how to safeguard the legitimate rights and interests of workers [J]. Legal Expo, 2016-05-25 (11):10/-103.

[4] Wang. On the methods of standardizing labor contract management and promoting harmonious labor relations [J]. Human resource development, 2017 (18): 50-51.

[5] Zhang. Standardizing labor contract management and building harmonious labor relations [J]. Knowledge economy, 2018 (18):135.

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