| The flexibility of labor market is mainly embodied in rules concerning dismissal protection, change of contracts, working time, wage, etc. A review of the written rules in Chinese Labor Contract Law and other laws in comparison with those of other countries shows that the Chinese labor market is not flexible enough. Particularly, although China has a strict dismissal protection. However, Chinese labor market is a very complex one. Some rules in Labor Contract Law are too flexible, and in reality, the migrant worker's market is extremely flexible. In addition, the social security system, including the unemployment insurance system, is not sound in China, and the enforcement of labor law and the role of trade unions are still weak. As a result, the Chinese labor market is not secure for employees in some aspects. To solve these problems, China should, on one hand, increase the flexibility of its labor market by revising the Labor Contract Law and, on the other hand, not make the labor market too flexible, but strike a balance between the flexibility and security of labor market. In the revision of the Labor Contract Law, the doctrines and principles that have already been established in the Law should be adhered to, and inclined protection should still be given to workers while, at the same time, the reasonable interests of the employer should be taken into account and some rules should be made more flexible. The revision of the Labor Contract Law should focus on the rules concerning fixed-term contracts and non-fixed term contracts, the conditions and procedures of termination of labor contracts, economic compensation, change of labor contracts, and special treatment for small and mini enterprises and special employees. |
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