실증연구에 기초한 「노동계약법」 실행효과 평가

Abstract

When the labor contract law is about to be implemented for 10 years, it is possible to clarify which evaluation is based on objective facts and data from the extensive criticism of the Ministry's law, which is because of vague assumptions or only a subjective feeling, which provides a meaningful reference for the scientific evaluation of the effect of the Department's law. There is a clear answer to whether the amendments should be made and how to modify the Department's laws. To emphasize the purpose of legal effect, on the one hand, it can strengthen the implementation of the law. On the other hand, we can correct the law according to the situation and actual effect of the law, revise and abolish the old law in time, and make the new law, so as to strengthen the legislative work and establish a good and perfect legal system. The implementation effect of the labor contract law needs to be supported by empirical data. In this paper, the innovative research method has avoided the problems of one-sided and time lines of data collection methods such as questionnaire and so on. By drawing on the meta analysis methods in other disciplines and combing the published high standards of the empirical study of the labor contract law, the implementation of the labor contract law is obtained. In many disputes, the evidence of rising impact on labor costs is insufficient, and its implementation has a positive effect on standardizing the management of human resources and promoting the adjustment of the labor market. From the existing empirical research, we see that most of the researchers pay attention to labor-intensive workers and focus on areas with concentrated labor intensive industries, which also indicates that labor contract law has a greater impact on manual workers. At the same time, there is a criticism voice, because the labor contract law on the undifferentiated protection of workers, leading to the enterprise executives, core technicians in the labor game hitchhiking, the enterprise is unfair. There is no need for the labor contract law to design a hierarchical protection system according to the level of labourers. This is also a question worthy of our consideration.