Academic Journals
2023 Issue 2

The Improvement of Employment Rules and Regulations of Employers and Realization of Rule of Law in Labor Management
Author:ZHENG Shangyuan
Key words:employment rules; rules and regulations of labor; rule of law; employer
Abstract:Employment rules, known as "labor regulations and rules of the employer", are "internal rules" formulated by the employer in accordance with legal procedures for employing a certain number of people. Although the nature of such rules varies among various scholarly viewpoints, their normativity has been accepted in both theoretical and practical circles. In other words, employment rules have corresponding constraints on both employees and employers. The completeness of employment rules, which can also be regarded as a measure of harmonious labor relations, is related to the effective implementation of labor laws. Whilst article 4 of the Labor Contract Law stipulates the "Labor Regulations and Rules of the Employer", a single article cannot cover all the contents of this system. As the current academic and judicial practice in China is still in the early stage of understanding the name, nature, and effectiveness of the employment rules system, employees are frequently infl uenced by "violations of employer rules and regulations". In addition, as the boundaries of such rules are unclear, implementing the employment rules and regulations of employers often serves as excuses and pretexts for employers. Therefore, improving the employment rules and regulations and shaping its legal principles are the key to having organized labor and avoiding arbitrary employer management, as well as providing an important indicator for creating harmonious labor relations.
On Developing Harmonious Labor Relations in the New Era
Author:YANG Zhiming
Key words:the new era; harmonious labor relations; new development concept; labor relations governance; labor relations research
Abstract:Labor relations are not only a signifi cant theoretical issue that needs to be explored in the new industrialization and industrial upgrading, but also a major practical issue that needs to be resolved in the sharing of development under the guidance of the new development concept. The significance of studying issues of harmonious labor relations, government intervention in labor relations adjustment, the history of labor relations governance in China, and the role of the government in the construction of harmonious labor relations, etc. is to provide references for the construction of harmonious labor relations in the new era. The study suggests that, starting from the reality of promoting China's economic transformation, learning from the experience of market economy countries, and drawing lessons from foreign labor-capital conflicts, deeply understanding and grasping the development patterns of labor relations in the new era is the key for China to explore and develop harmonious labor relations. The study of labor relations, thus, should be based on the national conditions, deepening from practice to theory, and returning theory to practice, rationally and objectively analyzing the fundamental issues that need to be resolved in labor practice, so as to make signifi cant contributions to set up harmonious labor relations in China.
The Construction of a Happy Community —— The Value Purpose and Realistic Pursuit of Labor in the Context of Marxist Philosophy
Author:DONG Daqian
Key words:Marxism; labor; value of labor; community
Abstract:Labor and community are the core issues of Marxist philosophy. The happiness of people is the practical embodiment of the unity of the two, and the construction of social community of human beings should be achieved through labor. Starting from the ontology of labor, Marx expounded the nature of labor philosophy by the defi nition of labor and the criticism on alienated labor, whilst he also elaborated on the value purpose of labor happiness through labor and human's free rights, and people's self-confi rmation and development needs. Based on this theoretical premise, taking labor as the logical starting point of human's free and all-round development and the fundamental basis for the historical construction of human social community, and through the two-way movement of subject objectifi cation and object subjectization, Marx perceived the unity relationship between human and human self-isomorphism, human and natural life community, and human and the community of human destiny is historically established, so as to realize the original pursuit of happiness of all people, making human society a happy community.
A Textual Analysis on Xi's Labor View ——A Study Based on 95 Key Discourses on Labor by Xi Jinping
Author:SHEN Shuyong
Key words:Xi's labor view; labor subject; labor value; labor
Abstract:Xi's labor view is a key component of Xi's thought on socialism with Chinese characteristics in the new era. Its profound connotation is contained in Xi's key discourses on labor, covering various aspects of the labor category. Through the analysis on relevant texts, it was seen that Xi's labor view mainly focuses on three levels: cognition of labor, laborer's thinking cultivation, and creation of a social and cultural atmosphere for the labor. It not only carries the signifi cance of labor, but also includes various abilities and comprehensive quality requirements that labor subjects should possess. It particularly emphasizes the creation of an atmosphere through labor publicity, ultimately making the whole society present a life value concept of loving labor and taking pride for labor. The developmental nature of Xi's labor view presented in the text and its highly affi rmative characteristic of the people's subject position, are vivid refl ections of the Marxism with Chinese characteristics for the modern era.
Digital "OEM": Alternative Labor Practices of Online Literature Writers and Their Hidden Concerns
Author:CAI Xiaohua WANG Panpan
Key words:online literature writers; digital ";OEM";; subjectivity; labor control
Abstract:With the rise of online literature platforms, network literature writing based on the platform has gradually developed into a new form of occupation. The emergence of online literature companies and their embedding into the production process of network literature have reconstructed the production logic of online literature. The labor practices of continuation writers employed by the online literature companies, similar to the outsourced digital "OEM"(Original Equipment Manufacturer) of traditional factories, have a dual separation of "concept" and "execution" and "author" and "work", and it is precisely this alternative labor practice that makes continuation writers become "ghost workers" in the production process of online literature. The fl exibility of online writing, the utopian illusion of work freedom, and the representation of fair labor transactions have made online literature writers willing to join the team of hardworking continuation writers. However, all of this cannot conceal the unequal contribution and return of continuation writers, who also face the dual dilemma of damaged interests and blockage of upward mobility
The Theoretical Justifi cation and Institutional Construction of the Function of Preventing Unemployment Covered in Unemployment Insurance
Author:LIU Guoliang
Key words:unemployment insurance; unemployment prevention; dismissal protection; social solidarity; externality theory
Abstract:As the current unemployment insurance system has not yet fully enabled the realization of the basic goal of protecting the economic security of workers, it is urgent to have its regulatory space expanded. Hence, the introduction of unemployment prevention function into the traditional unemployment insurance system is an optional path to further guarantee the realization of workers' economic security. It is evident that the dismissal protection system in the labor law and the lack of partial unemployment benefi ts in the traditional unemployment insurance system constitute the real demand for introducing the function of unemployment prevention; the theory of social solidarity and externality constitutes its theoretical foundation; the articles of labor rights and social security rights stipulated in the Constitution are its legislative basis. In the light of China's specifi c national status, the introduction of the function of preventing unemployment in unemployment insurance should take partial unemployment subsidies as the main form of benefits and vocational skills subsidies as the supplementary form of benefits. The introduction of industry experience rate system can be considered in the future. On this basis, the legislative concept of maintaining workers' human dignity should be established as the core, with subsidiarity and non-core as the positioning rules, and the design of related rules and regulations should be strengthened.
The Basic Logic of Protecting Labor Rights and Interests of Platform Workers from the Perspective of System Theory
Author:HUANG Zhenpeng YANG Chengguang
Key words:platform employment; system theory; labor attributes; rights and interests protection
Abstract:The diversity and complexity of the new platform employment model determines the necessity of constructing a systematic protection system for the labor rights and interests of workers. From the perspective of system theory, the new platform employment model challenges the traditional labor rights and interests protection system constructed based on the labor relationship in China, which is manifested as the overall system of labor weakened and disintegrated by labor attributes, its system hierarchy cleared by the multilayer nested employment, and its open system infl uenced by the blocked interactive channels between internal and external environments. This research insists that, based on relevant principles of system theory, the basic logic of protecting labor rights and interests of platform workers in China should follow three paths: strengthening the overall system to promote the optimization and reorganization of all elements of labor attributes, expanding the hierarchical system to construct a hierarchical and classifi ed protection system for labor relationships, and improving the open system's internal and external environments to build a multi-domain collaborative governance system involving the government, platform, trade unions, and platform workers, Therefore, platform workers should be included in the system protection to promote the dynamic balance of China's labor rights and interests protection system to a higher level. Key words: platform employment; system theory; labor attributes; rights and interests protection
Impacts of Working Hours on the Health of Urban and Rural Employees
Author:REN Guoqiang YAO Shunyu
Key words:working hours; the health of employees; inverted U-Shaped; Utest test; breakpoint regression design
Abstract:Working hours have a signifi cant impact on the health of employees. This study, based on data from the China Family Panel Studies in 2018, employs regression analysis and Utest test methods to verify the relationship between working hours and a variety of health indicators of employees and computes the critical value of working hours. The study claims that working hours has an inverted U-shaped relationship with selfrated health, mental health, and chronic disease indicators, with critical values of 45.075 hours/week, 35.550 hours/week, and 53.100 hours/week respectively with heterogeneities between urban and rural areas. Working hours have an inverted U-shaped relationship with the self-rated health and mental health of urban employees. Also, there is an inverted U-shaped relationship between working hours and self-rated health of rural employees. Moreover, there is a linear relationship between working hours and the mental health of rural employees. The critical value of self-rated health for urban employees is greater than that for rural employees. The study suggests that limited overtime should be advocated and overtime compensation should also be made. In addition, the government should vigorously promote employment, in particular, improving the quality of employment for rural employees.
The Impact of Work Energy on the Family Relationship Energy of Dual-Earner Couples from the Spillover-Crossover Perspective
Author:HE Hui ZHANG Lanyun LIU Beini
Key words:work energy; work-family conflict; family relationship energy; Spillover-Crossover Model
Abstract:To reveal the impact and process mechanism of work energy on family relationship energy, this study sets up a Spillover-Crossover Model from the perspective of the dual-binary body of husband and wife. Using structural equation modeling to analyze paired data from 98 dual-earner couples, the results of this study showed that: 1) there is a positive correlation between work energy and the family relationship energy of employees themselves; 2) the husband's work-family confl ict completely mediates the impact of the husband's work energy on the family relationship energy, while the wife's work-family confl ict partially mediates the impact of the wife's work energy on the family relationship energy; 3) there is a symmetrical direct crossover effect between husband and wife on family relationship energy; 4) the husband's work energy level can directly affect the wife's family relationship energy, whilst the wife's work energy can only infl uence the husband's family relationship energy by enhancing their own family relationship energy. The results of this study aim to help relieve the pressure of work-family confl icts of working couples in order to creat a good atmosphere for family interaction.
A Glorious Example of Successfully Establishing the CPC Organizations among Industrial Workers ——The History and Its Practical Implications of the Establishment and Development of the CPC Organizations during the Anyuan Labor Movement
Author:HUANG Le
Key words:Anyuan Labor Movement; successful example of establishing the Party Group of the CPC organization; practical implications
Abstract:After the establishment of the Communist Party of China (CPC), the Party Groups of the CPC were established among industrial workers to lead the labor movement. Mao Zedong, Li Lisan, and Liu Shaoqi, etc. established the fi rst Party Group of the CPC among industrial workers at Anyuan Road & Mine. Throughout the historical process of leading and carrying out the entire Anyuan labor movement, the Party Group of the CPC at Anyuan played a core leadership role for the working class and labor unions, effectively carrying out its efforts of setting up various primary level organizations among industrial workers, leading the comprehensive development of the Anyuan Workers Club, and ultimately leading tens of thousands of Anyuan workers onto the right path of the Chinese revolution. In the exploration and practice of the past decade, the CPC has accumulated rich and valuable historical experience in its construction and development among industrial workers, which is still of key practical signifi cance today.
The Generating Logic of Labor Models from the Perspective of Marxist Labor Theory ——A Case Study of the National Labor Model Shen Jilan
Author:DU Yanli
Key words:Marxist labor theory; labor; labor model; Shen Jilan
Abstract:Labor models represent the ideal personality cultivated by the Communist Party of China in practicing Marxist labor theory, and they play an irreplaceable role in social development. Re-examining the generation process of labor models represented by Shen Jilan (Shen) from the perspective of Marxist labor theory, this study posits that labor is the constant thread throughout the process: labor nurtures labor models, which serves as the basic condition for Shen to achieve the title of labor model; labor highlights the subjectivity of individuals and promotes the growth of labor models, which is the inherent driving force for Shen’s labor model identity to extend and expand; labor enables individuals to achieve comprehensive development with liberation and freedom, which is the basic way for Shen to play the role of a labor model. Throughout Shen's life, labor models represented by her are the result of positive interactions among individuals, rural areas, and the country, and these three parties have achieved their own development in this interactive relationship. Respecting labor, valuing models, and giving full play to the exemplary and spiritual leading role of labor models, therefore, are of extremely signifi cance for both individual and social development in the new era.