Labor and Social Security in China

中国的劳动和社会保障状况

【法宝引证码】

Issuing authority： State Council Information Office
Date issued： 04-01-2002


Foreword The right to work and enjoy social security is a fundamental right of citizens, having a direct bearing on their vital interests. As the most populous and largest developing country in the world with a relatively low level of economic development, China is faced with an onerous task of promoting its work in this regard. Proceeding from China's actual conditions, and in accordance with the Constitution of the People's Republic of China and the Labor Law of the People's Republic of China, the Chinese government has made remarkable achievements in ensuring its citizens' right to work and enjoy social security, and in improving labor and social security management and services. Immediately after the founding of the People's Republic of China in 1949, the Chinese government took a series of effective measures, successfully solving the serious problem of unemployment left over by the old China and ensuring the people's basic livelihood. Under the planned-economy system, China adopted highly concentrated employment, wage and labor insurance systems, which played a positive role in making comprehensive arrangements for employment, guaranteeing the livelihood of employees, and promoting economic construction and social stability at that time. However, with the progress of history, the old labor and social security system had become unadaptable to the requirements of economic and social development. Since 1978, China has adhered to the policy of reform and opening-up, with the focus on economic construction, and has gradually stepped onto the road of establishing a socialist market economy system. As a result, labor and social security undertakings have developed rapidly. By rationally readjusting the employment structure, increasing overall employment and setting up a market-oriented employment mechanism, the Chinese government has brought about a basically stable situation in employment. By maintaining harmonious and stable labor relations and reforming the wage and income distribution system, the government has improved the labor standards system step by step, and helped to basically establish a new type of labor relations. The reform and improvement of the social security system has enabled the social insurance system to cover the vast majority of employees and retirees in urban areas. The system for ensuring a minimum standard of living for residents has been set up in cities, and the building of a social security system is being vigorously promoted in rural areas. After years of trial and effort, a labor and social security system corresponding to the socialist market economy system is now basically in place. Based on the principles of mutual respect, equality and mutual benefit, the Chinese government actively participates in international labor affairs. In the field of labor and social security, China has conducted fruitful exchanges and cooperation with many countries and international organizations, such as the International Labor Organization, United Nations Development Program, World Bank and Asian Development Bank. It has played a positive role in the international community in promoting employment, eliminating poverty and protecting the legal rights and interests of workers. Entering the 21st century, China has embarked on a new development stage, the stage of starting the full-scale construction of a comparatively well-off society and accelerating modernization. The major goals of China's labor and social security efforts at the beginning of the new century are promoting employment, protecting employees' rights and interests, coordinating labor relations, raising people's incomes and improving social security.		前言劳动和社会保障权利是公民的基本权利，关系广大公民的切身利益。中国是世界上最大的发展中国家，人口众多，经济发展水平不高，发展劳动和社会保障事业的任务十分艰巨。中国政府从本国国情出发，依据《中华人民共和国宪法》和《中华人民共和国劳动法》，保障公民的劳动和社会保障权利，努力提高劳动和社会保障管理服务水平，取得了巨大成就。中华人民共和国成立初期，中国政府采取一系列有效措施，解决了旧中国遗留下来的严重失业问题，保障了人民的基本生活。在计划经济体制下，中国实行高度集中统一的就业、工资和劳动保险制度，对统筹安排当时的就业、保障职工生活、促进经济建设和社会安定发挥了积极作用。但随着历史的发展，旧的劳动和社会保障体制已不能适应经济和社会发展的要求。 1978年以来，中国坚持以经济建设为中心，实行改革开放政策，逐步走上建立社会主义市场经济体制的道路，劳动和社会保障事业发展迅速。中国政府合理调整就业结构，努力促进就业总量的增加，建立市场导向的就业机制，保持了就业形势的基本稳定；致力于维护和谐稳定的劳动关系，改革工资收入分配制度，逐步完善劳动标准体系，使新型劳动关系基本形成；改革和完善社会保障制度，使社会保险制度覆盖了大多数城镇从业人员和退休人员，并在城市普遍建立了居民最低生活保障制度，在农村也积极推进社会保障制度建设。经过多年的探索和努力，与社会主义市场经济体制相适应的劳动和社会保障制度已初步建立。中国政府根据相互尊重、平等互利的原则，积极参加国际劳工事务。在劳动和社会保障领域，中国与国际劳工组织、联合国开发计划署、世界银行、亚洲开发银行等众多国际机构以及许多国家进行了卓有成效的交流与合作，为促进就业、消除贫困和维护劳动者合法权益发挥了积极作用。进入二十一世纪，中国开始了全面建设小康社会、加快推进现代化的新的发展阶段。积极促进就业、维护职工权益、协调劳动关系、增加居民收入、完善社会保障，是新世纪之初中国劳动和社会保障事业的主要奋斗目标。
I.Overall Stability in Employment Situation Employment presents a great pressure on China due to its huge population, abundant labor resources and economic restructuring. The Chinese government regards increasing employment opportunities as a major strategic task in economic and social development, and controlling the rate of unemployment as a main target in macro-economic regulation and control. It has rationally readjusted the employment structure, established a market-oriented employment mechanism, put great efforts into increasing overall employment and maintained basic stability in the general employment situation. By the end of 2001, the country's population had reached 1.27627 billion (excluding the populations of the Hong Kong and Macao special administrative regions and Taiwan Province), and 730.25 million people were employed, accounting for 77.03 percent of the total labor force. Employees in urban areas accounted for 32.8 percent of the total, and those in rural areas for 67.2 percent. The unemployment rate on record in urban areas was 3.6 percent. Implementing the Policy of Vigorously Increasing Employment Focusing on economic construction, the Chinese government promotes employment through economic growth, carries out an active policy of employment, and adopts various effective measures to increase the rate of employment. Rationally readjusting the employment structure. In line with the readjustment of the industrial structure, the government guides the development of industries and enterprises capable of offering more job opportunities. While increasing capital construction investment, vigorously expanding the domestic demand and maintaining the high-speed development of the national economy, the government stresses the development of labor-intensive enterprises with comparative advantages and market potential, especially service enterprises and small and medium-sized enterprises capable of offering employment to a large number of people, through readjustment of its industrial policies. It also increases employment and expands employment channels by vigorously developing the economy with diverse forms of ownership, such as collective, private and individual ownerships, and by encouraging various forms of employment. Establishing a market-oriented employment mechanism. Carrying out the employment policy of "laborers finding employment on their own initiative, the market adjusting the demand for employment and the government promoting employment," the Chinese government encourages securing employment through fair competition, encourages employers to decide the number and quality of their own employees, and adopts measures to promote the shaping of a market-oriented employment mechanism. In the meantime, the labor market information network has started to display its worth, promoting exchanges of information concerning labor supply and demand, and helping the jobless find employment or reemployment through the labor market. In order to set up a labor market with a sound mechanism, standardized operation and good service, and under effective supervision, the Chinese government has conducted trials to set up a scientific, standardized and modernized labor market in 100 cities. In recent years, the Chinese government has started to trial-implement a pricing mechanism for the labor market, in order to enable the market mechanism to play its basic regulatory role in the allocation of labor resources, wage formation and labor flow. Enhancing workers' quality. In order to raise the cultural level and professional skill of the work force, the Chinese government has striven to promote all forms of education through various channels, and laid equal stress on academic and vocational qualification credentials. At present, the system of nine-year compulsory education covers 85 percent of the total population, and the illiteracy rate among the young and middle-aged has dropped to 5 percent. There are currently 1,225 regular institutions of higher learning, with 7.19 million students; 686 adult institutions of higher learning, with 4.56 million students; and 80,400 regular middle schools, with 79.19 million students. China is aiming to establish an all-round, multi-level vocational and technical education and training system by developing higher vocational and technical schools, secondary vocational and technical schools, secondary polytechnic schools, technical schools, employment training centers, community-run vocational training institutions and enterprise-run on-the-job training centers, thereby strengthening the training of new workers, on-the-job employees and laid-off workers. Pre-job training courses of one to three years are offered to secondary-school graduates who have failed to gain higher education. Technical schools and employment training centers are being readjusted and restructured into comprehensive training bases. A mechanism by which "the market guides training, and training promotes employment" is being formed. The vocational qualification credentials system is being introduced, and a vocational qualification system has been set up covering workers at all levels, from basic workers to senior technicians. At present, in urban areas over 80 percent of newly employed people are graduates of senior high schools or above, or have received job skill training. Nearly 35 million people have obtained vocational qualification credentials. Developing the employment service system. Since the 1980s, China has set up and improved the employment service system, which includes employment agencies, employment training, unemployment insurance and employment service enterprises. The system offers guidance, consultancy and agency services to job seekers and employers, offers pre-job training and vocational training courses to seekers of employment and reemployment, and provides unemployment insurance. The system also offers job openings to those of the weak group in the employment field. In the meantime, the government encourages the formation of community-run employment agencies as a part of the multi-level employment service network. Making overall plans for urban and rural employment. China has a serious problem of insufficient employment opportunities in rural areas, where there are abundant labor resources. Attaching great importance to the employment of the rural labor force, the Chinese government has explored new ways for comprehensive employment planning in urban and rural areas in line with the urbanization and western development strategies. Two basic policies have been worked out. The first is to encourage the rural labor force to find work locally. Making full use of the advantages of local resources in rural areas, the government will vigorously readjust the structure of agriculture and that of the rural economy; develop profitable and labor-intensive agriculture alongside non-agricultural industries in rural areas; guide township enterprises to develop in line with the construction of small cities and towns; enlarge the construction scales of infrastructure facilities such as water conservancy, communications and transportation, and electricity in the rural areas; and promote elementary education and vocational training in the rural areas. The second is to guide the rural labor force to find employment in other areas. As success in rural reform has greatly raised agricultural productivity, the surplus agricultural labor force has started to flow from rural to urban areas, and from western inland to eastern coastal areas. The Chinese government guides the flow of rural labor to different areas according to need, and, by strengthening information network building and employment agency services, offers pre-transfer training to rural workers and organizes an orderly flow of the rural labor force, so as to ensure the highest possible level of employment in this regard. The government has also established an employment mechanism for the two-way flow of rural workers, whereby to help the latter to find jobs in other areas or return to their native places to start businesses. At present, 1,000 rural labor flow and employment monitoring stations have been set up in 100 counties and cities around the country to analyze the flow of and demand for workers from the countryside and regularly release information, so as to guide the rational flow of migrant rural labor force. Enlarging Employment Scale, Optimizing Employment Structure Through the common efforts of the government and all sectors of society, total employment in China has grown remarkably. Since 1978, the number of employees in urban and rural areas has increased by 328.73 million, of which 144.26 million are urban employees. The employment structure, too, has changed dramatically. In 2000, employees in the primary, secondary and tertiary industries accounted for 50 percent, 22.5 percent and 27.5 percent, respectively. In recent years, the employment percentage of the primary industry has dropped markedly, while the employment percentages of the secondary and tertiary industries have risen rapidly. Particularly, the growth rate of the employment percentage of the tertiary industry has been higher than that of the secondary industry. The employees of state and collective enterprises and institutions accounted for 37.3 percent of the total urban employees in 2001, down from 99.8 percent in 1978. Meanwhile, the number of employees of private, individually owned and foreign-invested enterprises has increased drastically. In the countryside, the household is still the dominant unit of agricultural employment. However, with the implementation of the urbanization strategy and the development of non-agricultural industries, non-agricultural employment and the transfer of rural labor have increased rapidly. By the end of 2000, the number of employees of township enterprises had reached 128.195 million, of which 38.328 million were employed by township collective enterprises, 32.525 million by township private enterprises and 57.342 million by individually owned township enterprises. Since the 1990s, the labor force transferred from rural to urban areas has topped the 80-million mark. Promoting Reemployment of the Laid-off and Unemployed With the speeding up of the economic restructuring, the long-accumulated contradictions in the operating mechanism of enterprises have become increasingly apparent, and large numbers of redundant employees in enterprises have been laid off. Most of the laid-offs from state-owned enterprises are relatively older, poorly educated and skilled in few jobs. Therefore, it is rather difficult for them to find reemployment. To settle the problem of the laid-off and unemployed personnel, the Chinese government, while guaranteeing their basic livelihood, has formulated a whole slue of policies, complete with a variety of measures, to ease the way for their reemployment. Adopting active employment service measures. Reemployment service centers have been established in all those state-owned enterprises that have laid-off workers and staff members. After they have registered with the centers, governmental public employment service organs will provide them once with occupational guidance, thrice with employment information and once with free job training, all on a six-month basis. Beginning in 1998, the government started to implement the first phase of the "ten million in three years" reemployment training program, which was aimed at training ten million laid-off jobless persons in the course of three years. By mobilizing all the training forces in society, employing the beneficiaries of training and other effective measures, the government has convinced laid-off and unemployed persons to participate in reemployment training. From 1998 to 2000, more than 13 million laid-off and unemployed persons nationwide had taken part in retraining, and the reemployment rate after six months of training had reached 60 percent. The government began to carry out the second phase of the reemployment training program in 2001. Moreover, a total of 30 cities so far have carried out a "starting a business" training program, offering training to laid-off and unemployed persons who wish to establish small businesses, helping them register with the industrial and commercial administration authorities and acquire small loans after the completion of training, thereby to increase their reemployment opportunities through the establishment of small businesses. Improving and implementing preferential reemployment policies. By simplifying the procedures of registration with industrial and commercial administration authorities, arranging business premises, reducing or waiving taxes and fees, and granting loans, the government helps laid-off and unemployed people set up economic entities or labor organizations to support themselves, seek reemployment or otherwise to find their own means of livelihood. Taking employment in community services as the main orientation of the reemployment efforts, the government has spared no pains to develop those small enterprises and employment service enterprises that can provide more employment opportunities. Unfolding the "Reemployment Assistance Action." To appropriately resolve the practical difficulties laid-off employees face after they leave reemployment service centers, the government has organized a "Reemployment Assistance Action" drive to extend prompt and effective service to guarantee their basic livelihood, reemployment and social insurance through various assistance measures. From 1998 to 2001, over 25.5 million people were laid off from state enterprises, of whom over 16.8 million have been reemployed. Guaranteeing Women's Right to Employment Special concern has been given to the employment of women in China. The Constitution of the People's Republic of China, Labor Law of the People's Republic of China, and Law of the People's Republic of China on the Protection of the Rights and Interests of Women all contain special provisions on the protection of women's right to employment. The state protects the right of women to work on equal terms with men, applies the principle of equal pay for equal work to men and women alike, and gives special protection to women during the menstrual period, pregnancy, maternity and breastfeeding. The Chinese government and all sectors of society energetically conduct job skill training for women, develop and expand the fields and trades suitable for women to work in, and adopts more flexible forms of employment, so as to provide employment opportunities for women to meet their different requirements. Helping the Disabled and Other Special Groups to Find Work The Chinese government attaches great importance to the rights of the disabled to social labor and employment. China adopts the principles of combining centralization and decentralization and encouraging seeking employment on one's own initiative to help the disabled find work. Welfare enterprises are an important form of centralized employment for the disabled. The government grants preferential policies, such as reducing and waiving taxation, to encourage the development of welfare enterprises, so as to increase employment for the disabled. Meanwhile, the government requires all enterprises and institutions to hire a certain proportion of disabled persons, and those which fail to do so must pay a certain amount of money to the employment guarantee fund for the disabled. In the five years of 1996-2000, more than 1.1 million disabled persons were given skill training, and another 1.1 million found jobs, on the strength of government allocations and the employment guarantee fund for the disabled, and the employment rate of the disabled jumped from 70 percent to 80.7 percent. In addition, the government has established an employment service system for badly-off jobless urban residents, and for older laid-off and unemployed persons. It seeks to arrange jobs for destitute persons by providing funds to support community welfare-type employment organizations, developing community environmental protection, hygiene, security and other services, and providing free employment services. All these measures have achieved the desired effects.		一、就业形势总体保持稳定由于人口众多、劳动力资源丰富和经济结构调整等原因，中国面临巨大的就业压力。中国政府始终将促进就业作为国民经济和社会发展的战略性任务，将控制失业率列入国民经济宏观调控的主要目标，合理调整就业结构，建立市场导向的就业机制，大力促进就业总量的增加，总体上保持了就业形势的基本稳定。到2001年底，全国人口总数为127627万人（不含香港、澳门特别行政区和台湾省），从业人员为73025万人，劳动力参与率为77.03 %；城镇从业人员占从业人员总数的32.8%，乡村从业人员占从业人员总数的67.2%；城镇登记失业率为3.6%。实施积极促进就业的政策中国政府坚持以经济建设为中心，通过经济增长带动就业增长，实行积极的就业政策，采取各种有效措施，大力促进就业。合理调整就业结构。适应产业结构的调整，引导有利于增加就业机会的产业和企业的发展。在增加基本建设投资，积极扩大内需，保持国民经济快速发展的同时，通过产业政策的调整，重视发展具有比较优势和市场潜力的劳动密集型企业，特别是就业容量比较大的服务性企业和中小企业。积极发展集体、私营、个体等多种所有制经济，实行灵活多样的就业形式，增加就业岗位，拓宽就业渠道。建立市场导向的就业机制。中国政府实行“劳动者自主就业、市场调节就业、政府促进就业”的就业方针，鼓励劳动者通过公平竞争获得就业岗位，支持用人单位自主决定用人的数量和质量，并采取各种措施促进市场导向就业机制的形成。劳动力市场信息网络已开始发挥作用，促进了劳动力供求信息的交流，帮助劳动者通过劳动力市场实现就业和再就业。为建立机制健全、运行规范、服务周到、监督有力的劳动力市场，中国政府在100个城市进行了劳动力市场科学化、规范化和现代化建设试点。近年来，中国政府开始探索建立劳动力市场价格形成机制，发挥市场机制在劳动力资源配置、工资形成和劳动力流动中的基础性调节作用。提高劳动者素质。为提高劳动者文化素质和职业技能，中国政府通过多种途径，积极发展各类教育事业，实行学历证书和职业资格证书并重的制度。目前，普及九年义务教育人口覆盖率达到85%，青年壮年文盲率下降到5%；有普通高等学校1225所，在校学生719万人；成人高等学校686所，在校生456万人；普通中等学校80400所，在校生7919万人。国家还通过发展高等职业技术学校、中等职业技术学校、中等专业技术学校、技术工人学校、就业训练中心、民办职业培训机构、企业职工培训中心等职业培训形式，努力形成全方位、多层次的职业技术教育和培训体系，加强对新生劳动力、在职职工及下岗失业人员的培训。针对未能升学的初高中毕业生等新生劳动力，全面实行一至三年劳动预备制培训；对技工学校、就业训练中心进行调整和重组，建立综合性培训基地；推动“市场引导培训、培训促进就业”机制的形成；全面推行职业资格证书制度，并建立了从初级工到高级技师的职业资格体系。目前中国城镇80%以上的新就业人员达到高中水平以上或者经过职业技能培训，已有近3500万人取得了相应的职业资格证书。发展就业服务体系。中国从二十世纪八十年代开始，建立并不断完善包含职业介绍、就业训练、失业保险和劳动就业服务企业等内容的就业服务体系。通过就业服务体系为劳动者求职和企业用人提供指导、咨询与介绍服务，对初次求职者进行就业前训练，对失业人员进行转业训练，并提供失业保险，为就业弱势群体提供就业岗位。政府鼓励民办职业介绍机构的发展，推动就业服务向社区延伸，形成多层次的就业服务网络。统筹兼顾城乡就业。中国农村劳动力资源丰富，不充分就业问题严重。中国政府高度重视农村劳动力的就业问题，结合“城镇化”和“西部大开发”等战略的实施，努力探索城乡统筹就业的新途径，形成了两方面的基本政策。一是促进农村劳动力在当地就业。充分利用农村本地资源优势，积极调整农业和农村经济结构，发展效益农业和劳动密集型农业，发展农村非农产业，引导乡镇企业发展与小城镇建设相结合，扩大农村水利、交通运输、农村电网等基础设施建设规模，发展农村基础教育和职业技能培训。二是引导农村劳动力跨地区流动就业。农村改革的成功极大地提高了农业生产率，农业富余劳动力开始从农村流向城镇，从西部内地流向东部沿海地区。中国政府积极引导农村劳动力跨地区合理流动，通过加强信息网络建设和职业中介服务，开展农村劳动力输出前培训，组织农村劳动力有序流动，提高外出劳动力就业率，并建立农村劳动力外出就业和返乡创业双向流动就业机制。目前，已在全国100个县市建立了1000个农村劳动力流动就业监测点，分析农村劳动力的流动和需求状况，及时发布信息，引导农村劳动力合理流动。就业规模扩大、结构优化经过政府和社会各方面的共同努力，中国的就业总量明显增加。1978年以来，城乡从业人员共增加了32873万人，其中城镇增加了14426万人。就业结构发生很大变化。2000年，第一、二、三产业从业人员的就业结构比重分别为50%、22.5%和27.5%。与过去相比，第一产业就业比重明显下降，第二、三产业就业比重增长较大，特别是第三产业的就业比重增长速度高于第二产业的增长速度。国有和集体单位的从业人数占城镇从业人员的比重从1978年的99.8%下降到2001年的37.3%，私营企业、个体和外商投资企业的从业人员明显增加。在农村，农业就业虽仍以家庭为主，但随着城镇化战略的实施和非农产业的发展，非农就业和农村劳动力转移迅速发展。到2000年底，乡镇企业从业人员达12819.5万人，其中,乡镇集体企业从业人员3832.8万人,乡镇私营企业从业人员3252.5万人,乡镇个体企业从业人员5734.2万人。二十世纪九十年代以来农村转移到城镇就业的劳动力达8000多万人。促进下岗职工和失业人员再就业随着经济结构调整的加速，长期积累的企业经营机制等矛盾日益显露，出现了企业大量富余人员下岗的情况。国有企业下岗职工多为年龄相对较大、文化素质较低和职业技能单一的人员，实现再就业比较困难。为解决下岗职工和失业人员的问题，中国政府在保障他们基本生活的同时，制定了一系列再就业政策并采取了多方面措施。采取积极主动的就业服务措施。在有下岗职工的国有企业普遍建立再就业服务中心，下岗职工进中心后，政府公共就业服务机构每半年为他们提供一次职业指导、三次就业信息和一次免费的职业培训机会。从1998年开始，政府实施第一期“三年千万”（三年内累计培训下岗职工和失业人员1000万人）再就业培训计划，通过动员社会培训力量，实行政府购买培训成果等有效措施，推动下岗职工和失业人员参加再就业培训。1998年至2000年的三年间，全国各地共组织了1300多万名下岗职工和失业人员参加培训，接受培训半年后的就业率达到60%。从2001年起，政府开始实施第二期“三年千万”再就业培训计划。目前已在30个城市实施了“创业培训”计划，对有志于开办小企业的下岗职工和失业人员进行创业培训，在培训结束后帮助他们进行工商登记、获得小额贷款，通过发展小企业以吸纳更多的下岗职工和失业人员再就业。完善和落实再就业优惠政策。通过简化工商登记、安排场地、减免税费、提供信贷等措施，帮助下岗职工和失业人员举办生产自救型经济实体或劳动组织、自谋职业或组织起来就业。把社区就业作为下岗职工和失业人员再就业的主要方向，积极发展吸纳就业能力比较强的小企业和劳动就业服务企业。开展“再就业援助行动”。为妥善解决下岗职工出中心后面临的实际困难，政府组织开展了“再就业援助行动”，通过各项援助措施，使下岗职工出中心后均能在基本生活保障、再就业和社会保险接续等方面得到及时有效的服务。 1998年至2001年，中国国有企业下岗职工累计有2550多万人，其中1680多万人实现了再就业。保障妇女就业权利妇女就业在中国得到特别关注。《中华人民共和国宪法》、《中华人民共和国劳动法》、《中华人民共和国妇女权益保障法》对保障妇女就业权利均有专门规定。国家保护妇女享有与男子平等的劳动权利，实行男女同工同酬，并保障妇女在经期、孕期、产期和哺乳期受到特殊保护。中国政府和社会各界积极开展妇女的职业技能培训，开发和拓展适合妇女就业的领域和行业，实行更加灵活的就业形式，为不同就业需求的妇女提供就业机会。帮助残疾人等特殊群体就业残疾人参加社会劳动和就业的权利得到政府的高度重视。中国采取集中与分散相结合和鼓励自谋职业的方针促进残疾人就业。福利企业是集中安置残疾人就业的重要形式，政府通过给予税收减免等优惠政策，鼓励发展福利企业，以吸纳更多的残疾人就业。同时，还实行残疾人按比例就业的政策，所有用人单位都要按照一定比例安排残疾人就业，达不到比例的企业和单位要缴纳促进残疾人就业保障金。1996年至2000年的五年间，社会各方面利用政府拨款和残疾人就业保障金培训残疾人110多万人，安置就业110多万人，残疾人就业率由70%提高到80.7%。针对城市贫困无业人员、大龄下岗职工及失业人员的就业困难，政府建立就业服务制度，通过出资扶植社区公益性就业组织，开展环境保洁、社区保安、社区服务等项目，安置特困人员就业，以及组织开展免费就业服务，取得了较好的效果。
II. Formation of New Labor Relations In the course of establishing and improving the socialist market economy system, labor relations in China have become increasingly complicated and diversified. China commits itself to the maintenance of harmonious and stable labor relations. It has formed an initial system of laws and regulations, with the Labor Law of the People's Republic of China as the main body, to adjust labor relations, and has established the labor contract and group contract systems, tripartite coordination mechanism, labor standard system, labor dispute handling system and labor protection supervisory system, basically shaping up a new type of labor relations in consonance with the socialist market economy. ．．．．．．		二、新型劳动关系基本形成在建立和完善社会主义市场经济体制过程中，中国的劳动关系日趋复杂多样。中国致力于维护和谐稳定的劳动关系，初步形成了以《中华人民共和国劳动法》为主体的调整劳动关系的法律法规体系，建立了劳动合同和集体合同制度、三方协调机制、劳动标准体系、劳动争议处理体制和劳动保障监察制度，与社会主义市场经济相适应的新型劳动关系基本形成。实行劳动合同制度中国的劳动合同制度从二十世纪八十年代中期开始试点，在九十年代得到大力推行，至今已在城镇各类企业中广泛实施。中国的法律规定，用人单位与劳动者依法建立劳动关系，应该书面订立有固定期限、无固定期限或以完成一定的工作为期限的劳动合同；在订立劳动合同过程中，劳动关系双方必须遵循平等自愿、协商一致的原则。实行劳动合同制度，明确了劳动者与用人单位双方的权利和义务，保障了劳动者择业自主权和用人单位的用人自主权。建立集体合同制度中国政府鼓励企业不断加强职工代表大会和工会的职能，完善职工民主参与制度。为形成企业劳动关系自我协调机制，中国开始探索通过平等协商建立集体合同制度，并加以推广。中国的法律法规规定，企业职工可以就劳动报酬、工作时间、休息休假和劳动安全卫生、保险福利等事项，由工会代表或直接推荐职工代表与企业开展平等协商，签订集体合同。平等协商形式多样，集体合同内容丰富。多数企业采取由本单位工会与企业协商签订集体合同的形式。近年来，集体合同制度不仅在非国有企业推广，而且在国有企业的改革过程中也得到逐步推行。截至2001年底，全国企业签订并报送劳动和社会保障行政部门备案的集体合同已达27万份。．．．．．．
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at: +86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153) Mobile: +86 133-1157-0713 Fax: +86 (10) 8266-8268 database@chinalawinfo.com		您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接登录，进入会员专区查询您所需要的信息；如您还不是我们的英文用户，请注册并交纳相应费用成为我们的英文会员。如有问题请来电咨询； Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153 Mobile: +86 13311570713 Fax: +86 (10) 82668268 E-mail: database@chinalawinfo.com

【法宝引证码】北大法宝www.lawinfochina.com

Message: Please kindly comment on the present translation.

Confirmation Code:

Click image to reset code!

Translations are by lawinfochina.com, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. lawinfochina.com and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials.