Research On The Enterprise Labor Legal System From The Perspective Of Flexibility And Safety Balanc

If the implementation of land contract management system is referred to as a crucial step for the breakthrough of China’s agricultural economic system reform,then the same can surely be said of the reform of enterprise labor employment system for its important role in China’s industrial economic system reform.Since its emergence,the labor contract system featuring market orientation has set the realization of market-oriented allocation of labor resources and the promotion of economic development vitality as its basic goals.However,it is not difficult to find that there still exist some problems such as "absence","excesses" and "misplacement" in the influence of the current enterprise labor employment legal system on the flexibility and security of labor market.Especially when the COVID-19 outbreak in 2020 brought great impact on economic activities and labor employment system,the urgent need is further highlighted for a systematic research from the perspective of the balance between flexibility and security.Since 1949,China has undergone two transformations,one from a semi-unified and semi-planned economic system to a fully planned economy and the other from a planned economy to a socialist market economy.These two transformations are transitional,complex and long-term in the background and,from the perspective of social culture,show the interweaving of the collectivism cultural view and the development goal of market economy.During the transformations,the labor employment of enterprises also changes from the status of "iron rice bowl" to the contractual "labor commodity".In order to adapt to this change,the legal system of enterprise labor employment centered on the protection of workers’ rights and interests has been established with a view to achieving preferential support for the protection of workers’ rights.However,the legislative arrangement and system design in the immature stage of labor market development,on the one hand,have to face the constraints of the lack of marketization of economic system,on the other hand,must shoulder the mission of promoting the transformation of economic system.The incompatibility of the system mechanism with the practical logic turns the legal system of enterprise labor employment into a beautiful but useless "vase" which has long been a widely criticized hot topic.Up to now,how to balance the security of labor relations with the flexibility of labor allocation is still being explored so as to build a harmonious labor relationship in line with the needs of the times.When the enterprise planned employment system is replaced by the labor contract employment system and officially solidified through legislation,its operation effect does not reach the ideal state expected by the legislators.Undeniably,the implementation of the Labor Contract Law has a positive effect on promoting enterprises to standardize their internal employment management and raising their management level,but it is also an indisputable fact that enterprises frequently use circumvention measures to eliminate the institutional function of the Labor Contract Law.It is manifested in the following aspects:first,insufficient and excessive flexibility coexist in the labor market.For example,"forced contracting" leads to insufficient flexibility in market-oriented employment of enterprises,including signing short-term labor contracts,abusing labor dispatch system,setting unreasonable recruitment conditions,etc.;"dismissal protection" clashes with internal labor employment regulation of enterprises,including intentional extension of probation period and significant bias of enterprise rules and regulations;flexibility and security is misallocated among different labor market entities,including excessive flexibility of employment in the labor market of migrant workers,insufficient marketization of employment in the large state-owned monopoly enterprises and failure to reflect the hierarchy of entities in the allocation of rights;second,the safeguard function ensuring the basic rights and interests of workers is not fully reflected,which can be seen in the serious defects of the minimum wage system,the unclear standard of the labor market price determination mechanism,the imperfect labor standard collective negotiation system,the imperfect systems for working hours,rest and vacation and the controversial design of the economic compensation system.This shows that the current legal system of enterprise labor employment does,to a certain extent,contain the imbalance between the flexibility of labor market and the security of labor protection.At present,our realistic development logic puts forward new requirements for the flexibility and security of the labor market.This realistic logic is the environment in which the system operates.First of all,we analyze the current stage of economic development,the new development concept,development pattern and development ideas.The operation of the legal system of enterprise labor employment faces new requirements under the new development background.The labor market is no longer in a state where the supply is far greater than the demand.In some emerging employment forms,the traditional characteristics of labor relations are weakening due to the increasing vagueness of the subordination of labor relations.The influence of artificial intelligence on the field of labor contract employment mainly lies in its shaking of the foundation of labor law,namely subordination.The current legal system of enterprise labor employment fails to balance the impact of flexibility and security of the labor market,which can be seen at both macro and micro levels.At the macro level,that is,the economic and social level,we talk about the impact of the imbalance of flexibility and security of the labor market on industrial policy and social governance;at the micro level,from the perspective of enterprises and workers,the imbalance of flexibility and security has an impact on the maximization of the benefits of enterprises and workers.The deep environment that system supply must face includes social and cultural roots,economic roots and institutional roots.In the history of China,with the ideology of feudalism,the traditional habits of small-scale production and the cultural tradition of collectivism,we are more in pursuit of a stable and long-term relationship.Therefore,in the face of market regulation under the market economic system,workers show a strong risk-averse tendency.From the economic point of view,the faster the economy grows and the larger its size becomes,the more labor conflicts break out.There is a natural discord between the nature of enterprises to pursue excess profits and the rights and interests of workers;from the institutional perspective,the evolution model of "attaching more importance to macro than micro" leads to such problems as top-down mandatory transition path dependence,unclear relationship between identity and contract,etc.China has entered a new development stage of building a modern socialist country in an all-round way and marching towards the second Centenary Goal.The new development stage gives new connotation to the flexibility of labor market and the security of labor protection.In the new development stage,we should not only solve the problems of the existing system due to its imperfect transformation,but also face the new practical logic of the requirements for flexibility and security in the new development stage.In the new development stage,there are three legal requirements for the coordination of supply and demand in the labor market: first,to give workers freedom and form a competitive mechanism;second,to save the transaction costs of the market entities;third,to give play to the function of incentive and restriction to the subject of labor relations.Comparing the institutional experience in the balance between flexibility and security in extraterritorial labor markets,we find that,in terms of the form of labor contract,the agreement of open-ended contract and the situation of dismissal protection and other legal regulations in different countries and regions,despite the highly similar labor legal systems in Germany,Italy,Switzerland,but their choice of system is adjusted according to the different stages of economic development.In order to respond to the major concerns of the new development concept on people’s livelihood,and at the same time to refine and form the theoretical system and normative system of the socialist labor employment legal system with Chinese characteristics,we should adjust the labor employment legal system by solidifying the successful experience of reform through legislation,deleting the outdated or incompatible labor legal norms,adding the missing norms,further clarifying the ambiguous norms and rearranging the overlapping and conflicting norms,which is not only the objective requirement of building harmonious labor relations in the new era,but also an effective measure to improve the quality of labor legislation and ensure the full realization of the legislative purpose of labor law.It can be predicted that the labor employment legal system will show a general trend of loosening the high-intensity control and improving the flexibility of labor market.In terms of improving the legal system,we should appropriately lower the standard and bottom line of the labor law and increase the opportunities for the relevant parties in the labor market to decide on their own,thus making the labor contract employment system flexible enough to adapt to the diversified and variable social and economic reality.Meanwhile,following the new development concept,we should promote the goal transformation and concept transformation of the legal system of enterprise labor employment,so as to achieve the balance between flexibility and security in the labor market.Specifically,in order to improve the flexibility of the labor market,we should systematize the code of conduct of the subject of labor relations,perfect the rules of open-ended contract and fixed-term contract,and fairly set the conditions and procedural rules for the termination of labor contracts;second,in order to consolidate the "bottom line" labor standard and improve the security of the labor market,we should further improve the systems for wage,working hours and rest and vacation,promote the consultation and co-governance among the subjects of labor employment,improve the democratic participation mechanism of workers,and moderately increase the autonomy of enterprises in employment;third,in order to cope with the impact of artificial intelligence technology,we should strengthen the protection of the rights and interests of flexible employment workers in new business forms,leave the necessary space for enterprise internal management by setting up the "bottom-line protection" system,optimize the construction of labor rules and regulations,and lead enterprises to flexible management within the law.