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全球化背景下的中国法制改革

  Under globalization, overurbanization and the polarization of the society is accelerating. Many people lose jobs without any corresponding compensation, because China’s social guarantee system was established in planned economy and could not help the jobless.
 As economic development escapes the control of national states, the social consequences – unemployment, migration, poverty – cluster together in their welfare safty-nets. In China, the processes of globalization played a significant part in overurbanization. The enormous population increases in China, particularly in rural areas, have meant that many people are literally pushed off the land in search of jobs. Unfortunately, rural migrants are among the poorest and least skilled members of their society. These surplus workers crowed into cities at a much higher rate than the city can absorb them, that is, provided them with jobs and housing. overurbanization is usually the result of a migaration from rural to urban areas that takes place far faster than the expansion of possible jobs in the city. But for peasants pushed off the countryside, although life in the city may be difficult, at least it offers hope for something better for them and their children. There are problems in the city including relatively high unemployment, inadequate housing, poor transportion, insufficient medical services, inadequate school systems, and high rates of pollution. The result is harmful to the health and well-being of those people. 
 In response to economic globalization , corporate managers have used a variety of strategies to improve performance, profits, payouts, and share prices. There primary strategy has been to merge with other firms, and sometimes to divest or spin off divisions either to relieve themselves of unmanageable burdens or to raise cash for other parts of the business. Mergers make many workers in combined firms redundants, and new technologies make it possible to do the same amount of work, even more, with fewer employees. The net result is massive job loss.  But, the enforceability of the Labour Law is unsatisfactory. Many enterprise including foreign factories didn’t obey the law, and the minimal rights, including the right to organize and bargain collectively; a minimum age for employment and other protections connected with child labor; freedom from employment discrimination and freedom from forced labour, often were encroached. Also, there is the impossiblility of implementing a comprehensive labour contract systerm and of complying with international labour standards with regard to working hours in our labour law practice.


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