| Since the implementation of the reform and opening-up policy, profound changes have taken place in the economic system of China which has gradually transformed from planned economy, to commodity economy, then to socialist market economic system. The mode of resource allocation accords with laws of the market better, the reforming of state-owned enterprises has been actively promoting, enterprises innovate vigorously with continuously increasing market competitiveness and steadily promoting profitability, all of these have laid a solid foundation for the economic and social development. Enterprises have improved the management efficiency, at the same time, many people become laid-off workers which a disadvantaged group in the employment. Whether we can solve the problem of re-employment of these people or not, is the key to people’s livelihood and social stability. Since2002, governments at all levels in China have executed the policy of public welfare jobs, with the manner of providing jobs purchased by governments, the disadvantaged group in the employment can get jobs again. The development of the public welfare jobs has witnessed a growth year by year, which has played an important role in the re-employment and the maintenance of social harmony and stability.However, because the implementation of the present policy of public welfare jobs mainly relies on normative documents formulated by governments at all levels, although in these normative documents, there are some provisions for the nature of public welfare jobs, composition of salaries, and terms of labor contracts, it is still blank in the adjustment of labor contracts for public welfare jobs at the present. The Article12in "The Implementation Regulations of Labor Contract Law" merely makes a exclusive regulation for the law application of public welfare jobs. The implementation of public welfare jobs mainly relies on normative documents formulated by governments at all levels, moreover, there exist non-standard practices in employing enterprises, causing the court has different understandings on the identification and law application of public welfare jobs, protection of labors’ rights and other aspects after disputes occurring in labor contracts, then generating different judgments based on different understandings. This is not conducive to the protection of rights and interests of disadvantaged groups and the construction of harmonious society, meanwhile, it will be prejudicial to the unity of adjudicative documents and the authority of laws.This paper, starting from the labor dispute of Gardens Bureau in some city about Mr. Li and other18persons, centering on controversies arising from this case and basing on systems and theories of labor laws and regulations of domestic and foreign labor laws, analyzes and demonstrates controversies in the dispute, and finally put forward some views of the author. |
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