Labor Law Provisions: New Interpretations and Explanations - (Second Edition)

Author: Xie Liangmin, Lu Jing (editors)
Publisher:
Publishing Date: 2006-02-01
Features: The "Labor Law of the People's Republic of China" has been officially promulgated for a full ten years. As the first law since the founding of New China to confirm and protect the legitimate rights and interests of workers and comprehensively regulate and adjust labor relations, the "Labor Law" has played an increasingly important role over the past decade in establishing harmonious and stable labor relations, safeguarding the rights and interests of employees, regulating the transition of the labor system from a planned economy to a socialist market economy, promoting the development of China's labor legal system, and maintaining social stability. The promulgation of the "Labor Law" in 1994 marked a new stage in the development of China's labor legal system. On the basis of the "Labor Law," China has also promulgated the "Safety Production Law," the "Occupational Disease Prevention and Control Law," and the "Vocational Education Law." The "Labor Contract Law" and the "Social Insurance Law" have also been included in the legislative agenda of the National People's Congress. In addition, the government and relevant departments have formulated a number of administrative regulations and labor rules. It can be said that China's labor legal system is advancing steadily. As a member of the drafting group of the "Labor Law" at that time, the author has been closely following the implementation of the "Labor Law" and changes in labor relations over the past decade, deeply feeling the role the "Labor Law" has played in protecting the legitimate rights and interests of employees, while also deeply realizing the progress of China's labor legal system and the growing importance of the "Labor Law" in society. The author had intended to write some reflections on this, but coincidentally, Ms. Wang Xiaozeng of Legal Publishing House suggested that the author provide a new interpretation of the "Labor Law" based on the current state of the labor legal system, which encouraged the author to take up the pen and led to the creation of this book. Since its implementation eleven years ago, the "Labor Law" has become increasingly popular and has garnered more attention from various sectors. In the context of further deepening of enterprise reforms in China, increasingly complex and changing labor relations, and the growing incidence of violations of workers' rights and interests, scholars, lawyers, business managers, and workers have shown greater concern for the implementation of the law from their respective perspectives, which also marks the growing enhancement of people's legal awareness. Against this backdrop, since the publication of this book, it has been well-received by a broad readership. Some readers have sought answers to their concerns about labor relations in the book, others have written in to ask more specific questions affecting their interests, and some have provided valuable suggestions, which has deeply moved the author. To further communicate with the readers, at the suggestion of Legal Publishing House, the author has made corresponding additions and revisions to the book, enriching relevant provisions with the content of newly promulgated laws and policies, such as the confirmation of labor relations, the establishment of labor relations in public institutions, the handling of labor relations in restructured enterprises, the protection of the rights and interests of migrant workers and laid-off unemployed workers, the identification and compensation for work-related injuries, labor supervision and inspection, and the legal liability for labor violations, striving to make the book more comprehensive, practical, and closely tied to real-world applications.