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原文：

"Labor Contract Law" Review of the local legislative resources

In many parts of the labor contract the scope of application of legislation, the first contractual obligations, breach of contract and compensation provisions, form of contract, the contract is invalid, the main changes and their consequences, contract lifting, jointly and severally liable for such issues to make up for the "Labor Law "less than, but still there are some flaws. The development of "Labor Contract Law", should be absorbed from the local labor contract reasonable legislation, and these issues for the design of a complete system.

The labor contract system in Chinas economic reform and labor reform, an important aspect of the system. Reform of the complexity and long-term, the decision on the reform process of the birth of the "Labor Law" (1994) can not be in the labor contract system in detail the provisions, only authorize the local government "in accordance with this Law and the actual situation in the region, the provisions of the labor contract system, the implementation of these steps, the State Council for record. " Thus, many provinces and cities have introduced a labor contract rules and ways in which "labor law" and to refine and supplement the provisions, some also broke the "Labor Law" requirements. This is the period of transition where the system of institutional competition and innovation an important manifestation of the development should be the "Labor Contract Law," an important legislative resources. This article attempts to compare and comment on the existing local labor contract legislation, which to some extent make up for the "Labor Law" less than, but needed further refinement of the issues.

First, the "Labor Contract Law," the scope of application of

"Labor Law" in Article 2: "In the Peoples Republic of Chinas enterprises, individual economic organizations (hereinafter collectively referred to the employing units) and the formation of labor relations with workers, the application of this Act. State organs, business organizations, social groups and to establish the relationship between the labor contract with workers, in accordance with the implementation of this Law. "as a result of the labor contract system and the expansion of the coverage of the main types of employment increased, the limitations of this provision becoming increasingly prominent. Legislation in many parts of the labor contract system has made a breakthrough in the scope of application of the provisions are: (1) the scope of the expansion of the main employers. Beijing, Hunan, Shandong Province, Zhejiang Province, local legislation, such as private non-enterprise units will be incorporated into the main scope of employment. (2) the application of a unified logo. "Labor Law" in section 2, paragraph 1, to "establish a working relationship", paragraph 2, to "establish a relationship between the labor contract" as defined in the scope of application of this Law shall be a sign of workers. In Shanghai, Zhejiang Province in the Legislative Council, the signs have been unified to "establish a contractual relationship or the formation of labor." (3) applies to the same extent. "Labor Law" in section 2, paragraph 1, the "application of this Act" and in paragraph 2 "in accordance with the implementation of this Act", meaning that the provisions of paragraph 1 of the labor relations with the provisions of paragraph 2 of the application of labor relations in the "labor law, "the degree of difference in perception. In Shanghai, Zhejiang, Guangdong and other parts of the legislation on a variety of uniform provisions on the relationship between the labor contract as "the application of this Ordinance (the provisions of way)", resulting in the abolition of labor relations in the different application of the Labor Code of the degree of difference . "Shenzhen Special Economic Zone Labor Contract Regulations"

Article 3 of the "staff" is defined in reference to the enjoyment of civil servants or in addition to the treatment of persons other than civil servants of the SAR with employers recruit staff, to "employers" is defined in the SAR recruit staff with enterprises, state organs, institutions, social organizations, individual economic organizations. This also shows that the relationship between the various labor contracts, where applicable, the extent of the Ordinance without the differences. (4) the increase in the type of labor contract. "Shanghai Labor Contract Regulations" chapter-based (Chapter V) for part-time labor contract specifically provided for the first time, part-time labor relations will be included in the adjustment of the scope of labor law. These breakthroughs, to a certain extent adapted to the economic system reform and the need to reform the labor system.

Local legislation on the labor contract system to define the scope of application is also less than the following: (1) the scope of employment as defined in the main lack of flexibility. With the development of the market economy, new types of market players have emerged, in order to give full play to the Labor Contract Law on the legal regulation of labor relations functions, the main should be a corresponding expansion of the scope of employment. However, the existing local legislation with the "Labor Law" as the main type of employment only provides a closed list, although some local legislation to add a "private non-enterprise units", but have not yet been able to use emerging the main types of labor contracts are covered by the scope of application of the system. (2) applies to a lack of integrity of the choice of signs. According to the "Labor Law" Article 19, Labor Relations in writing that the relationship between labor contracts, did not enter into a written labor contract that is not to establish the relationship between the labor contract. Existing local legislation to "establish a contractual relationship or the formation of labor" as defined in the labor contract system applies to the scope of a symbol of workers, which will be the relationship between the labor contract has not yet been established

workers in the labor contract system to exclude from the scope of application, and This is the "Labor Law" in section 2, paragraph 1, the provisions of [1] and the "Labor Law" applies to the fact that the practice of labor relations is not identical.

Based on the above analysis, I believe that "Labor Contract Law" on the definition of the scope of application should consider the following questions: (1) In order to ensure that the "Labor Contract Law," the scope of application of the stability and adaptability should be the main types of people listed as open, In addition to that list, "Labor Law" and the existing local labor contract law enterprises, individual economic organizations, private non-enterprise units, national agencies, business organizations, social groups, but also to increase the provisions of "other laws and regulations identified in the main employment" , making it easier for people to be the main natural persons, farmers and other emerging into one of the main employers. Note in passing that the "employer" to "use the main" seems more scientific. (2) the scope of the workers, the provision "should be set up to establish labor contracts or labor relations, the application of this law." (3) the extent applicable to all employers and their workers are the main provisions of "the application of this Act", no longer be "in accordance with the implementation of this law" requirement.

Second, the parties entered into labor contracts of the first phase of contractual obligations

Labor contracts for the parties to contractual obligations, concerns have been a number of local legislation. Beijing, Shanghai, Zhejiang, Shandong, Hunan and other places of the first contract provides that the main obligations are: (1) report to employers employing workers in that job requirements, job content, working hours, remuneration, working conditions, social insurance, occupational hazards and their consequences, and treatment of occupational

diseases prevention and control measures, regulations and so on. Hangzhou, Zhejiang Province, and the legislation also requested that this description shall be in writing or stated in the labor contract. (2) enter into labor contracts, employers can not seek any form of improper benefit to the workers, workers are not allowed to collect mortgage payments, mortgage, deposit or other property, workers may be forced to raise capital investment, and workers may not be seized identity documents and so on. (3) the worker should report to the employer to provide my ID card and academic qualifications, employment status, work experience, vocational skills, such as proof of health status.

The existing provisions of local legislation there are also inadequate. Mainly reflected in: (1) of the first incomplete contractual obligations, most of this is limited to the obligations of both parties. (2) did not provide for breach of contractual obligations to the legal responsibility to protect can not fulfill contractual obligations, the contractual obligations to become empty words. (3) is not clearly defined the course of the contract apply to the principle of good faith is not conducive to the judicial practice of the exercise of discretion. (4) the labor contract does not guarantee that the system could be applied to make it clear that while the practice of employing the main requirements of some others as the guarantor of workers. (5) is not reached between the two sides committed to the provisions of the labor contract entered into an agreement (for example, the process of college graduates seeking jobs and employers of the employment agreement entered into the main body) of the binding.

Combination of existing local legislation and the "Contract Law" and the labor relations provisions of the special requirements, I believe that "Labor Contract Law" formulation should consider the following issues: (1) clearly stipulates the principle of good faith as to whether the breach of contractual obligations to the measure standards. (2) provides the first complete content of contractual

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绩效考核外文文献及翻译 外文文献 1.Performance appraisals - purpose and how to make it easier Performance appraisals are essential for the effective management and evaluation of staff. Appraisals help develop individuals, improve organizational performance, and feed into business planning. Formal performance appraisals are generally conducted annually for all staff in the organization. His or her line manager appraises each staff member. Directors are appraised by the CEO, who is appraised by the chairman or company owners, depending on the size and structure of the organization. Annual performance appraisals enable management and monitoring of standards, agreeing expectations and objectives, and delegation of responsibilities and tasks. Staff performance appraisals also establish individual training needs and enable organizational training needs analysis and planning. Performance appraisals also typically feed into organizational annual pay and grading reviews, which commonly also coincide with the business planning for the next trading year. Performance appraisals generally review each individual's performance against objectives and standards for the trading year, agreed at the previous appraisal meeting. Performance appraisals are also essential for career and succession planning - for individuals, crucial jobs, and for the organization as a whole. Performance appraisals are important for staff motivation, attitude and behavior development, communicating and aligning individual and organizational aims, and fostering positive relationships between management and staff. Performance appraisals provide a formal, recorded, regular review of an individual's performance, and a plan for future development. Job performance appraisals - in whatever form they take - are therefore vital for managing the performance of people and organizations. Managers and appraises commonly dislike appraisals and try to avoid them. To these people the appraisal is daunting and time-consuming. The process is seen as a difficult administrative chore and emotionally challenging. The annual appraisal is maybe the only time since last year that the two people have sat down together for a meaningful one-to-one discussion. No wonder then that appraisals are stressful - which then defeats the whole purpose. Appraisals are much easier, and especially more relaxed, if the boss meets each of the team members individually and regularly for one-to-one discussion throughout the year. Meaningful regular discussion about work, career, aims, progress, development, hopes and dreams, life, the universe, the TV, common interests, etc., whatever, makes appraisals so much easier because people then know and trust each other - which reduces all the stress and the uncertainty. Put off discussions and of course they loom very large. So don't wait for the annual appraisal to sit down and talk. The boss or the appraises can instigate this. If you are an employee with a shy boss, then take the lead. If you are a boss who rarely sits down and talks with people - or whose people are not used to talking with their boss - then set about relaxing the atmosphere and improving relationships. Appraisals (and work) all tend to be easier when people communicate well and know each other. So sit down together and talk as often as you can, and then when the actual formal appraisals are due everyone will find the whole process to be far more natural, quick, and easy - and a lot more productive too. 2.Appraisals, social responsibility and whole-person development There is increasingly a need for performance appraisals of staff and especially managers, directors and CEO's, to include accountabilities relating to corporate responsibility, represented by various converging corporate responsibility concepts including: the “Triple Bottom Line”; c orporate social responsibility (CSR); Sustainability; corporate integrity and ethics; Fair Trade, etc. The organization must decide the extent to which these accountabilities are reflected in job responsibilities, which would then

人力资源中英文文献

The Development of Human Resource Management In China Introduction With the advent of the 21st century, Human Resource Management, as a relatively new management subject, is playing a more and more important role in today’s business activities. This report mainly discusses 3 questions about today’s human resource management. The first section discusses the changing function of human resource management in terms of 3 aspects which are staff-company relations, HR model development and HR strategies. The second section describes the exploring stage of HRM in China. System building, recruitment and motivation are the three aspects to support the opinion. The third section discusses the new challenges that HR managers in China may face. In this part, challenges from the changing business age, HR managers’ abilities to deal with uncertainty and ambiguity and solitary to collective activity are discussed. Question 1 Human resource management, as the quickly developing subject, without doubt, has changed a lot in its function in many fields. This section will mainly discuss the HRM’s change and expansion in the aspect of staff-company relations, HR model development and HR strategies as the following. In the aspect of the staff-company relations, the changing functions will be discussed from 3 aspects which are power factors, employees and motivational method. First, in terms of the power factors, 10 years ago the relationship between employees and the company was regarded as ‘Labor and Enterprise’ while nowadays more companies show understanding and respect for the human spirit. For example, Google China places a piano in the hall of the company and even set a kitchen and the washing machine for their employees (Jim Westcott, 2005). Second, in terms of the employees, employees are considered as thinking and rational beings around 10 years ago. The reason why they chose this company was the satisfactory salary. But today, staffs are considered as fully evolved, completely satisfied, mature human beings. Third, in the motivational methods aspect, the change is really huge. A decade ago, companies often drove employees through basic needs such as a big bonus. While the