Sign storm one
Improvement of employment environment under the new law
The promulgation of the Labor Contract Law is bound to trigger an unprecedented signing storm, and the majority of vocational school students will benefit from this storm.
Words? Li Wenjun
Data winter
In June, 2007, 165438+ 10, with the release of the 2007 national employment quality evaluation report of higher vocational college students, people's eyes further focused on the signing rate of higher vocational graduates.
According to the survey conducted under the guidance of the National Bureau of Statistics, only 12.67% of secondary vocational school graduates signed formal labor contracts, and 20.6% signed probation labor contracts. Most secondary vocational school graduates have not signed a formal labor contract with the employer at present, of which 58.62% are formal employees of the employer but have not signed a labor contract. The signing rate of higher vocational graduates is slightly higher than that of secondary vocational graduates. The proportion of higher vocational graduates signing formal labor contracts is 14.5%, and the proportion of graduates signing probation contracts is roughly the same as that of secondary vocational students. The proportion of higher vocational graduates who are regular employees of employers but have not signed labor contracts accounts for 59.62% of the total survey.
Although there is no clear information showing that ordinary college graduates sign formal employment contracts, we can make a rough calculation and comparison based on relevant information. According to statistics, in 2005, party and government organs, institutions and state-owned enterprises accounted for 4 1.7% of all the units that received college graduates. Considering that the above-mentioned institutions generally go through formal employment procedures, and some college graduates who enter foreign enterprises, private enterprises and other units can sign formal contracts with employers, we can draw a conclusion close to the facts: the proportion of ordinary college graduates signing formal employment contracts should far exceed 14.5% of vocational school students.
Can the Labor Contract Law, which just came into effect, provide a good prescription for solving the low signing rate of vocational school students?
Symptomatic prescription
As Yao Yuqun, deputy director of the Employment Research Institute of China Renmin University, thinks, "The main reason for the low rate of signing labor contracts lies in enterprises, and the main reason why these enterprises are unwilling to sign labor contracts with vocational school graduates is to reduce legal risks, reduce costs and avoid paying social insurance premiums." . With the entry into force of the labor contract law, this phenomenon of low signing rate of vocational school students caused by enterprises' cost reduction is expected to be effectively curbed.
The "Labor Contract Law" clearly stipulates that those who do not sign a contract with graduates 1 month from the date of employment will be paid twice the salary. If the actual work has not been signed for one year, it shall be deemed that both parties have signed an open-ended labor contract. If the employing unit continues to violate the law and still fails to sign an open-ended labor contract, it shall pay the graduates twice the monthly salary from the date when the open-ended labor contract should be signed.
Therefore, the new law basically does not increase the employment cost of law-abiding enterprises, but increases the risk cost of illegal employment enterprises, which makes enterprises feel lucky and has to consider the painful price paid for it, and also provides legal guarantee for improving the signing rate of vocational school students.
Say goodbye to helplessness
Experts pointed out that some cases of not signing formal labor contracts were put forward by vocational school students, but taking the initiative does not mean voluntary, and it is often a helpless move.
Employers usually avoid the legal liability after the termination of labor contracts by shortening them. According to the previous labor law, when the labor relationship is terminated due to the expiration of the labor contract, the enterprise has no economic compensation for the individual. Moreover, when employers sign short-term contracts with vocational school students who have just left school, they often have to agree on high liquidated damages that do not match their labor remuneration, that is, once students voluntarily terminate their labor relations, they must pay the high liquidated damages agreed in the contract to the unit, otherwise their personnel relations will be difficult to transfer smoothly from the original unit; When enterprises unilaterally terminate labor relations, students have to pay a lot of cost and energy to protect their rights. Therefore, there is a strange phenomenon that many students "voluntarily" do not sign labor contracts with enterprises after weighing the advantages and disadvantages.
As many vocational school students and teachers expect, the labor contract law has made corresponding provisions on short contract term and high liquidated damages.
Wang Wenzhen, a researcher at the Labor Science Research Institute of the Ministry of Labor and Social Security and one of the main drafters of the Labor Contract Law, explained that the legislative purpose of the new law is to encourage employers to sign open-ended labor contracts with employees to avoid short-term labor contracts. For example, the Labor Contract Law stipulates that an open-ended contract should be signed in at least three cases. The first is that a worker has worked in a unit for more than ten years. The second is that in some units, such as enterprises, when the labor contract system has just been implemented, the legal retirement age of employees who have worked in this unit for ten years is less than 10 year. Third, if the employee has signed a fixed-term contract with the organization twice in a row, then the third time he will sign an open-ended contract. There is another situation, that is, if an employee has not signed a labor contract after working in the unit for one year, it is deemed that both parties have signed an open-ended contract. "In addition, if the enterprise terminates the labor contract due to the expiration of the contract, it will also give labor remuneration, and the phenomenon that the user unit signs a contract once a year to infringe on the rights and interests of employees will be curbed." Xie, director of the legal work department of the All-China Federation of Trade Unions, said.
In terms of liquidated damages, the Labor Contract Law also imposes very strict restrictions on its scope of application. If the employee submits his resignation to the company and requests to dissolve or terminate the labor contract, he may inform in writing 30 days in advance. Only in two cases should they pay liquidated damages.
Vocational school students pay more attention to the first situation, that is, employers provide special training fees for workers and provide them with professional and technical training. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Although this provision does not completely free vocational school students from the trouble of liquidated damages, the new law clearly stipulates the amount of liquidated damages, that is, the agreed amount of liquidated damages shall not exceed the training expenses provided by the employer, and the liquidated damages required by the employer shall not exceed the training expenses that the employees who fail to perform the service period should share. In this way, the liquidated damages are defined in the range that vocational school students can recognize and bear. Coupled with the efforts made by the new law mentioned above in stabilizing labor relations, we can foresee that in the spring of 2008, a signing storm is gestating, and through this storm, vocational school students will see a vibrant.
Exploration and thinking
When it comes to labor dispatch, people will naturally think of vocational colleges. Indeed, this new form of employment has emerged in the context of the rapid development of China's economy and vocational education and a large number of vocational school graduates leaving school. However, while emphasizing the rationality of labor dispatch and praising it for promoting the employment of vocational school students, we should also realize the complexity of labor relations brought about by the change of employment relationship from two-way to three-way
Because some enterprises use labor dispatch extensively to evade their labor obligations stipulated by law, and the qualifications of labor dispatch agencies are not up to standard, labor dispatch once became synonymous with enterprises evading the law and illegally employing workers. Nowadays, the Labor Contract Law has given the labor dispatch a chance to correct its name, and also buckled the insurance button for vocational school students to sign the contract smoothly. The Labor Contract Law clearly stipulates that the dispatching agency, as an employer, should sign a labor contract with the dispatched personnel to clarify the rights and obligations during the working period. In particular, in view of the most criticized problem of unequal pay for equal work in labor dispatch, the law also clarifies that dispatched personnel have the right to equal pay for equal work. In order to avoid the actual employing units and dispatching units shirking each other when the rights and interests of dispatched personnel are infringed, the Labor Contract Law stipulates that if the rights and interests of dispatched workers are damaged, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation.
Although this law still can't completely solve the access restriction problem of which posts and industries can be dispatched, the provisions of the Labor Contract Law on signing labor contracts, dispatching posts, dispatching and returning can still completely change the labor dispatch closely related to the employment of vocational school students and make it enter the stage of development according to the "rules of the game".
According to the relevant provisions of the Labor Contract Law, it can be predicted that the proportion of vocational school students signing formal labor contracts will be greatly improved, and the labor rights and interests enjoyed by vocational school students will be more guaranteed. At the same time, it is bound to accelerate the upgrading of industrial structure, and enterprises will pay more attention to improving the intensity of capital and technology to minimize the cost paid for labor.
In a sense, in view of the particularity of the employment direction of vocational school students, the "high employment rate" is closely related to the "low signing rate" in the future. With the increase of signing rate, the high employment rate of vocational school students will be relatively reduced. We should pay close attention to these possible problems in the future.
Signing storm 2
Higher Vocational Education: Starting under Pressure
Words? Zhang Weiwei? Fang Huaming Ma Hongliang
The new labor law gives us confidence, and now we can say no to the abuse of probation period by enterprises. Jing Wong, who graduated from a higher vocational college two years ago and now works in a cultural company in Beijing, told the reporter of Education and Occupation excitedly.
Jing Wong has worked in this company for more than a year, but to her dismay, she is not a regular employee until now. "I do more work than ordinary regular employees, but my salary is only half of theirs. I really don't know when such a day will end. " Jing Wong said that the new labor contract law has been implemented, and she intends to show her cards to her boss in the future. If the company is still like this, she will take up legal weapons to safeguard her legitimate rights and interests.
This situation is not accidental. Many students in vocational colleges practice in enterprises in their last year, and there are many qualified or even excellent students. However, due to cost considerations, some enterprises don't sign without signing, or find various reasons to delay, resulting in the embarrassing situation of low signing rate behind the high employment rate in vocational colleges, and the interests of students can not be guaranteed.
Vocational schools urgently need to cultivate "internal strength"
At present, China's economy has entered the stage of industrial restructuring, and the post requirements of employment posts have also changed. Because some higher vocational colleges have not fully trained talents according to the adjustment of industrial structure and demand, the original structural employment contradiction is more prominent. A higher vocational teacher in Guangdong revealed that although many higher vocational colleges claim that the employment rate is over 95%, the fact is that the actual employment situation of many higher vocational schools is not ideal.
How to give full play to the role of China's vocational education, avoid the waste of vocational education resources, establish a scientific and effective school-running model and put it into practice is a top priority. As an important part of vocational education, it is also extremely important to improve the training mechanism and standardize the employment environment.
According to the current employment situation, the Labor Contract Law and the Employment Promotion Law further optimize the development environment of vocational education, improve the construction of China's labor market and enhance the dominant position of the labor market, which have played a positive role in giving full play to the basic role of the market in optimizing the allocation of skilled talents, maximizing the utility of skilled talents and maximizing the legitimate rights and interests of labor talents.
The implementation of the new Labor Contract Law provides a fairer and more just employment environment for students who have just left school and entered the society. On the other hand, vocational colleges need to actively innovate the talent training mode to meet the market demand to the maximum extent. Some experts said that as long as vocational schools seize the favorable transitional opportunity for the implementation of the new law, deepen the reform, and perfectly connect the school curriculum and talent training model with the market demand, this hot issue will not be difficult to solve.
Vocational schools also need the quality of employment.
The sustained high employment rate of secondary vocational school graduates reflects the strong demand of China's economic and social development for secondary vocational education to train talents, and also reflects the more accurate positioning of secondary vocational schools. However, the orientation of higher vocational education is not so clear, and higher vocational education organized by ordinary colleges and universities is easy to become a mere formality. Higher vocational education organized by local governments is mainly transferred from secondary vocational schools. From secondary vocational school to junior college, the name has changed, but the number of teachers has not changed much. Higher vocational education organized by social forces mainly employs part-time teachers, and the quality of education is difficult to guarantee. These ambiguous positions directly affect the employment rate of higher vocational students.
For many vocational colleges with distinctive schools, high teaching quality and close contact with the market, student employment is no longer a problem. In addition to the employment signing rate, there is another problem that cannot be ignored, that is, the quality of employment.
The new Labor Contract Law can promote the improvement of students' employment structure and the quality of students' employment in vocational schools. Xu Shiling, a teacher at the Personnel Department of Hebei Tourism Vocational College, said.
However, affected by various factors, the employment quality of vocational school students is still not optimistic. A survey shows that only 17% of higher vocational graduates have become the technical backbone of enterprises. According to expert analysis, there are many reasons for this situation: First, the level of professional skills is low. Judging from the professional counterpart rate, only 20% students in higher vocational colleges are engaged in jobs corresponding to their majors; Second, the ability of self-learning and self-adaptation is poor. As a higher-level vocational college, the vocational adaptation cycle of higher vocational students is generally more than one year. Thirdly, it is not difficult to see that the comprehensive quality of vocational college students needs to be further improved from the aspects of interpersonal relationship handling, professional loyalty and entrepreneurial awareness of vocational school graduates.
Vocational education essentially needs the guidance of social needs. With the implementation of the new labor contract law, employers are bound to be more cautious in recruiting people, and all aspects of vocational school students are required to be improved, but it will also build a bridge between the supply of vocational education and the actual needs of society, and the educational concept of vocational education oriented to social needs will be further effectively implemented.
If students are "products", then schools are "processing factories", and "employment" is undoubtedly the best standard to test "products". The quality of running a school is often reflected by the quality of students' employment. Although the employment rate has certain guiding significance for vocational schools, it can't comprehensively and scientifically reflect the level of running schools. Vocational schools should strive to improve the quality of employment on the basis of increasing the employment rate. "This is advocated by the new labor contract law, and it is also something that vocational college leaders should pay attention to." Xu Shiling said.
Any vocational college, if its graduates can get high-quality employment, will inevitably attract more students to enter the school, and the enrollment situation will be good, thus entering a virtuous circle, which has become the knowledge of many vocational educators. When the employment rate is not high, we should do everything possible to increase the employment rate and try our best to let all graduates find jobs, but at one stage, we need to change from pursuing employment quantity to pursuing employment quality.
Entrepreneurship: Standard ≠ No.
In an office in Wenzhou High-tech Zone, Fang Zhiyuan, a graduate of a vocational college in Chuzhou, Anhui Province, often reads the Labor Contract Law carefully. Fang Zhiyuan started a shoe factory with his classmates as soon as he graduated from vocational school six years ago. During this period, the employees in the factory changed one after another. Now that the new law has been implemented, as a "boss", he must have an insight into the relevant provisions of this law and think about countermeasures. "Since the country implemented the new law, I have completely read the legal provisions six times. He told reporters that he can almost recite the Labor Contract Law now. " In Fang Zhiyuan's view, this is a life-and-death test of his career.
The answer to whether the new law will not be conducive to vocational school students' entrepreneurship isno. The implementation of the Labor Contract Law will not only increase the cost of vocational school students' entrepreneurship, but also create an opportunity. This is a great opportunity for enterprises to actively improve their management. "Teacher Zhang, who is in charge of students' employment and entrepreneurship, concluded that the new law puts high demands on human resource management. The key issue is that enterprises should change their ideas, and passive avoidance is definitely not the way out. The new law tends to be relatively stable in labor relations. Vocational school students should use long-term workers conceptually when starting a business, which requires enterprises to improve the incentive mechanism and promote the cohesion of employees, instead of constantly changing employees as in the past. "The management of an enterprise should give full play to the potential of employees and make long-term career plans for employees. This is actually a good promotion opportunity. " ■
Signing storm 3
According to the new labor contract law
How to protect the rights and interests of vocational school graduates?
-Interview with joy chen, Vice President of china association of employment promotion, Ministry of Labor and Social Security.
The implementation of the new labor contract law is expected to be an opportunity to improve the "low signing rate" of vocational school students.
Words? thorn/stab/stimulate/spy/assassinate
With the diversification of enterprise forms and labor relations, the labor employment system has undergone profound changes, and the legitimate rights and interests of workers have been frequently violated, especially for secondary and higher vocational graduates with weak awareness of rights protection. Behind the glamorous "high employment rate", it enjoys a low protection of labor rights and interests.
This situation is expected to change after the implementation of 5438+ 10/labor contract law in June 2008. How can vocational school students use this law to safeguard their legitimate rights and interests? With questions, Education and Occupation interviewed joy chen, vice president of china association of employment promotion of the Ministry of Labor and Social Security.
We cannot sacrifice the quality of employment.
Education and occupation: Not long ago, the 2007 National Assessment Report on the Employment Quality of Higher Vocational College Students was released. The survey results show that the employment contract signing rate of vocational school graduates is low, and the labor relations are mainly factual labor relations. What do you think of this survey?
Joy chen: Although the supply of labor is greater than seeking truth from facts from the national conditions of China, and it will continue for a long time on the whole, it does not mean that we can ignore the quality of employment in pursuit of high employment rate; That is not to say that when we attach importance to the number of jobs, we can ignore the protection of the legitimate rights and interests of workers.
Education and occupation: What do you think is the reason for the low rate of signing labor contracts?
Joy chen: This problem needs to be analyzed from many aspects. As far as enterprises are concerned, they are very cautious in employing people. Although the employment standards of different enterprises are different, after vocational college graduates enter the enterprise, enterprises will know the overall situation of graduates through the probation period, including professional skills, professionalism, work attitude and so on. Enterprises will only consider signing labor contracts with employees after determining that employees meet their employment conditions. Of course, it is not excluded that enterprises avoid paying social insurance premiums and do not sign contracts in order to reduce labor costs. From the perspective of workers, some are unwilling to sign labor contracts for the sake of professional mobility. It should be pointed out that the main reason for the low signing rate of labor contracts lies in enterprises rather than workers.
Helplessness and joy before and after the implementation of the new law
Education and occupation: After graduation, students who receive vocational education will generally enter traditional manufacturing industries, labor-intensive service industries and other industries with fierce competition. However, behind the enterprise's thirst for skilled talents, the problem of irregular labor relations has become increasingly prominent. With the implementation of the new labor contract law, some people think that this situation will be improved and the legitimate rights and interests of vocational school students will be further protected. What do you think of this?
Joy chen: The new Labor Contract Law has played a positive role in changing the employment concept of enterprises and paying more attention to the rights and interests of employees. The new Labor Contract Law protects the legitimate rights and interests of workers, including vocational college graduates, to a certain extent, but it aims to balance the strength and interests of both employers and employees and establish a cooperative, long-term rather than confrontational short-term labor relationship. For vocational school graduates, the new labor contract law can better safeguard their rights and interests; For enterprises, the labor contract law provides them with opportunities to change their growth mode.
Education and occupation: the reality is quite helpless. Before the implementation of the new "Labor Contract Law", some enterprises had a strong response, were brewing and adjusting their human resource management policies, and even appeared the phenomenon of "legally" evading labor and employment risks and laying off employees on a large scale. This is undoubtedly a kind of damage to the rights and interests of all workers, including vocational school students. How to treat this practice of "there are laws above and countermeasures below"?
Joy chen: At present, the labor-capital relationship is a pattern of "weak labor and strong capital", and it still faces great challenges to completely break this pattern. Due to fierce external competition, many enterprises take measures to reduce labor costs and shorten employment time to gain competitive advantages. In the short term, enterprises can benefit from it; But in the long run, such enterprises cannot cultivate employees' loyalty to it. In order to achieve long-term development, enterprises need to establish stable and sustained labor relations. If employees lack a sense of loyalty to the enterprise, they have no motivation to serve the enterprise. No matter from the long-term development of enterprises or the promotion of national competitiveness, it is very important to establish harmonious and stable labor relations.
"Education and occupation": The new "Labor Contract Law" stipulates that the probation period of enterprises cannot exceed 6 months; If you don't sign a labor contract, you have to pay twice your salary. If you don't sign it for one year, it will become indefinite. All these have greatly increased the illegal employment cost of enterprises, urged enterprises to correct and standardize employment behavior, and further protected the legitimate rights and interests of vocational school graduates. How to treat this gratifying change?
Joy chen: These rigid regulations are conducive to breaking the situation that some enterprises have wantonly violated the rights and interests of employees for a long time. However, it needs to be clear that these reaffirmations or promotion of workers' rights and interests are not special care for workers, but return their rights and interests on the premise of clarifying workers' responsibilities.
Vocational schools urgently need to make up the course of labor regulations.
Education and occupation: After the implementation of the Labor Contract Law, the proportion of vocational school students signing formal employment contracts will be greatly increased, and the labor rights and interests enjoyed by vocational school students will be further guaranteed. Some people worry that the new labor contract law will reduce the high employment rate of vocational school students, and enterprises will reduce the total labor force by improving the unit labor efficiency. What do you think of this?
Joy chen: At present, this is only a forecast. However, it is worth emphasizing that "high employment rate" and "high signing rate" depend on the skills, quality and attitude of vocational school students. Enterprises will certainly give their most needed employees high salaries and long-term jobs, which also puts forward higher requirements for talent training in vocational colleges. Schools should establish a stronger sense of service, capture the excitement of enterprises more strongly, and let enterprises accept vocational school graduates in accordance with the laws of the labor market. Only when vocational colleges are really close to the market and cultivate talents needed by enterprises, will the low employment rate and low signing rate become the worries of vocational colleges.
Education and occupation: Do you think it is necessary to offer courses on labor laws and regulations in vocational colleges at present?
Joy chen: It is very meaningful to set up the course of labor laws and regulations in higher vocational colleges. Because from the perspective of the development of the whole society, we should take the road of democracy and legal system and regulate everyone's behavior by law, so legal education should become an integral part of school education. In the whole legal education system, it is very necessary to study laws and regulations in combination with the labor and occupation of workers. For example, schools can organize students to learn the new labor contract law and employment promotion law. By studying these labor laws and regulations, students can be clear about their responsibilities, so that they can use relevant laws to safeguard their legitimate rights and interests in the future.