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Develop the discipline of labor law to build a harmonious labor relationship

May 22, 2020 01:54 Source: "China Social Sciences", May 22, 2020, Issue 1931 Author: Jiang Ying

　　Sudden new crown pneumonia epidemic，disrupted the normal operation of our society and the production and life of the people，Labor relationship is also greatly affected。Labor relationship is closely related to people's livelihood and economic development，Harmony and stability is not only related to the basic life of workers and their families，It also involves the development and survival of many enterprises。Under the epidemic，The pressure of building a harmonious labor relationship in accordance with the law is greater，More urgent demand，The importance of the labor law is also even more prominent。Challenge in the face of epidemic，We must not only examine and improve the labor law，It is necessary to promote the development of labor laws，Therefore, the harmonious labor relationship builds lasting theory and talent protection。

　　After the epidemic occurs，Special problems involving labor laws immediately occur，If the nature of the Spring Festival holiday is extended，Performance of the labor contract、Wages and overtime salary issuance，vacation、Disease leave、Application for leave, etc.。In addition，The epidemic has also bet365 live casino games spawned a more flexible way of working and employment，Remote working methods are widely used、Special needs for comprehensive working hours are even more urgent，An innovative employment form of shared employees also appeared。How to respond to the rule of law thinking and the rule of law and solve the above problems，On the basis of ensuring the basic rights and interests of the workers，Help enterprises resume work and re -production to restore the economy as soon as possible，Become one of the most concerned issues that the party and the country and the general public have become the most concerned about the occurrence of the epidemic。

　　No doubt，The existing labor law system provides an institutional foundation and institutional framework for the solution of the above problems to a certain extent。But the theoretical foundation of the current labor law and the insufficient preparation of the current law are also reflected。Some problems brought by the epidemic are difficult to find applicable rules in legislation，The legal rules of the performance of the labor contract need to be improved and perfect，Individual existing rules are relatively old，As a result of the emergence of the epidemic，How to deal with the rights and obligations of both parties become a problem。Another example，The rules of wages Bet365 app download during the period of stopping production are not clear; due to the lack of resistance to force majeure，Simple application existing regulations will undoubtedly increase the burden on the enterprise，Stability and economic development of employment。Another example，No corresponding basis for the nature of the nature of the Spring Festival holiday，Wages caused by the salary、Working overtime determination and vacation arrangement，There are different practices in various places。Actually，The more at such complicated and difficult moments，The more you need a labor relationship, both parties、Labor and government and politics trilogy through collective negotiation and three -party consultation mechanisms to make full negotiation，Joise with the same boat、Difficulty time when spent time。

　　The reason for the above problems is multi -faceted，But insufficient development of labor law is one of the important reasons。Compared with the rapid changes in labor relations in the past ten years and the needs of society for labor legal talents，The development of labor laws in my country has always been relatively slow，Its edge position in law disciplines has not changed greatly with the development of labor legislation in recent years，formed "Social Heat、Disciplinary Cold "embarrassing situation。The main reasons bet365 live casino games are the following aspects。First, the theoretical research of labor law is not deep enough，Its unique theoretical framework and system need to be further constructed。Especially with the development of economic and social and the advancement of information technology，The field of labor relations has appeared such as platform employment、Remote work and many other new problems，Knowing and solving these problems，All need to use labor law as the theoretical foundation，System research and response theoretically。and the old -fashioned theory of labor law cannot fully cope with the new situation，Solve new problems，formed "Practice New、Theoretical old "situation，To a certain extent, it also affects the development of labor law。The second is that the discipline of labor law has not been able to become a second -level discipline of law，It is difficult to set up a master's degree and doctoral point，Most of the few who can recruit students are "fostering" under civil law or economic law，The development of labor law is greatly limited。This model is difficult to train high -level labor legal professionals.，Learn lack of labor legal talents in practice，Not only lack of professional labor judges、Arbitrators and Lawyers，Lack of human resources managers and trade union cadres with abundant labor legal knowledge Bet365 lotto review in the enterprise。Third, in the undergraduate education of law，Many legal majors still take the "Labor and Social Security Law" as elective courses，Law students who lead to the important post -rule of the country's rule of law generally lack the common sense of labor law，This is obviously not conducive to the construction of the rule of law and talent training，It is not conducive to the development of labor law disciplines。

　　Comprehensive，This epidemic allows the labor law to go through a comprehensive physical examination and a huge test，Let us realize the problems and deficiencies of the development of labor law。For this，We call on the country and the whole society to attach importance to the construction of labor law，In particular, the development of labor law should be promoted from the following aspects。First, the Labor and Social Security Law as the core compulsory courses of the jurisprudence in the undergraduate education of colleges and universities，Other majors as elective courses，and strengthen labor education，Make young students establish the concept of labor law，Lay a solid foundation for the country's labor rule of law; the second is to set the social law of labor law as soon as possible as a second -level discipline in the discipline of the subject，Expansion of Master of Social Law Bet365 app download and Doctoral Admissions Scales，Increase the support of the laborer learning of the Master of Law，Attract outstanding talents to engage in labor legal theory and practical work，Forms a stable team of labor legal talents; the third is to strengthen theoretical research on labor law，The general achievements of the development of law，Rich theoretical basis for labor law，Promote the depth and breadth of the research of labor law; fourth, attach importance to the cultivation and coordination of the legal mechanism of labor relations and the cultivation of the legal mechanism of labor relations，Improve the labor legal system，Forms a unique labor contract with labor law、Collective contract、Multi -level labor relations coordination mechanism for coordination of three parties，Laying a solid legal and institutional foundation for the construction of labor law。

　　(The author is a professor at the School of Labor Relations、Vice President of China Social Law Research Association)

Editor in charge: Changchang