中国《劳动合同法(修正案)》的实施对在华韩资企业人力资源管理的影响及对策

Abstract

Since the implementation of Labor Contract Law, labor dispatching has gained legal recognition, the number of labor dispatching corporations has increased rapidly, and the scale of the dispatched labor employment has expanded continuously. However,as the provisions on labor dispatching in the Labor Contract Law was not perfect enough,the incidents of infringing upon the legitimate rights and interests of dispatched labor continued to occur. Therefore, on December 28th, 2012, the decision of revising Labor Contract Law was passed in the thirtieth meeting of the Standing Committee of the eleventh National People’s Congress, and on July 1st, 2013, the Labor Contract Law (Amendment) came into effect. The Labor Contract Law (Amendment) made new provisions on labor dispatching in such aspects as establishing the administrative license of operating labor dispatching business, further clarifying the scope of the “three special positions”, strictly controlling the scale of labor dispatching, implementing the right of equal pay for dispatched workers and aggravating the legal liability of the illegal conduct and so on. Since 1990s, large-scale foreign-invested enterprises began to invest in China; the massive injection of foreign capital is an important factor driving Chinese rapid economic growth. As close neighbors divided by a narrow strip of water, since the establishment of diplomatic relations in 1992, in the past over 20 years, China and South Korea has made great accomplishment in political, economic, social, cultural and other field. By May, 2013, the scale of South Korean investment in China totaled nearly 5.5 million dollars. It’s worth mentioning that the state visit of the newly-elected president Park Eun Hye to China gained unanimous praise, and would definitely set off a new round of economic and trade exchanges climax between China and South Korea. The promulgation of Labor Contract Law (Amendment) will definitely generate new influence to South Korea-invested enterprises in China. Human resource managers should master relative regulations of Labor Contract Law (Amendment) to reduce labor dispute in legal level. This paper takes the revision and implementation of Labor Contract Law, its impact to South Korea-invested enterprises in China and relative countermeasures as the research subject. It first introduced the promulgation process of Labor Contract Law (Amendment), and through comparison with the former Labor Contract Law, the author intended to grasp the changes in the content of Labor Contract Law (Amendment). Based on the analysis of the impact of Labor Contract Law (Amendment), the author explored the human resources management countermeasures of South Korea-invested enterprises in China. The author hoped to provide valuable reference for South Korean-invested enterprises in China to use Labor Contract Law (Amendment) effectively and promote the stable and healthy development of South Korea-invested enterprises in China through the research of this paper.