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

Author: Xie Liangmin
Publisher:
Publishing Date: 2006-02-01
Features: The Labor Law of the People's Republic of China has been officially promulgated for a full decade. As the first law since the founding of New China to be established with the purpose of confirming and protecting the legitimate rights and interests of workers and comprehensively regulating and adjusting labor relations, over the past ten years, the Labor Law has played an increasingly important role in establishing harmonious and stable labor relations, safeguarding the legitimate rights and interests of employees, regulating the labor system's transition from a planned economy to a socialist market economy, promoting China's labor legal system development, and fostering economic development and social stability. The promulgation of the Labor Law in 1994 marked a new phase 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 series 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 team of the Labor Law at that time, I have 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 profoundly realizing the progress of China's labor legal system and the growing importance of the Labor Law in society. I had intended to write something about my reflections, but coincidentally, Ms. Wang Xiaozeng of Legal Publishing House suggested that I provide a new interpretation of the Labor Law based on the current labor legal system, which encouraged me to take up my pen and led to the creation of this book. Since its implementation eleven years ago, the popularity and attention of various sectors to the Labor Law have been increasing. 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 management personnel, and workers have shown greater concern for the implementation of this 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 warmly 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 specific questions related to their own interests, and some have provided valuable suggestions, which has deeply moved me. To further communicate with the readers, at the suggestion of Legal Publishing House, I have made corresponding supplements and revisions to this 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 personnel, the identification and compensation for work-related injuries, labor security supervision, and the legal liability for labor violations, striving to make the content of the book more comprehensive, practical, and closely tied to real-world applications.