民营企业劳动合同期限的决定机理及其效应

发布时间：2018-04-29 23:26

本文选题：劳动合同期限 + 决定机理　；参考：《浙江工商大学》2012年硕士论文

【摘要】：签订劳动合同是劳资关系制度化、法制化的重要措施,劳动合同期限是缔结劳动合同所必须约定的基本内容。中国民营经济原来存在劳动合同签约率低和签约短期化问题,2008年国家出于保护广大劳动者利益,对《劳动合同法》进行了重大修改,增加了对企业不签订劳动合同的处罚规定,加强了对固定期限劳动合同的使用限制,对实行无固定期限劳动合同作了规定。此后,民营企业劳动合同签约率低的现象得到有效改变,但劳动合同短期化现象仍然存在。对于民营企业劳动合同的期限的决定、不同劳动合同期限对企业劳资关系的影响、劳动合同短期化是否与劳资矛盾增加、劳资关系和谐相关等问题,国内外无论从理论上还是从经验上都缺乏系统研究,政府制定相应劳动政策也缺乏实证依据。为此,本文通过对浙江民营企业调研,对中国民营企业里不同期限类型劳动合同的决定机理及及其效应进行理论和经验分析,以期探明问题,为科学制定劳动政策提供参考。本文在已有劳动合同期限的相关文献研究的基础上,首先分析了决定劳动合同期限的两大主体：企业和劳动者的行为决策,并用成本-收益分析和阱弈论分析劳动合同期限的决定因索。其次,提出劳动合同期限和谐效应和效率效应的分析框架和劳动合同期限效应的形成机理,阐明产业短期和长期劳动合同的效应的内在逻辑。最后,通过对浙江温州和台州地区30家企业的问卷调查和访谈会,并运用SPSS对问卷数据进行了统计分析,采用Heckman两步法和Oaxaca-Blinder分解对所提出的理论进行了验证和分析。本文的主要结论是：第一,民营企业里无劳动合同员工、长期劳动合同员工、短期劳动合同员工三者之间存在明显的特征差异,整体上人力资本水平高的劳动者签订长期劳动合同的概率高,而人力资本水平低的劳动者进入无劳动合同工作的概率高。分析发现,劳动力市场经验越丰富的劳动者,被选入长期劳动合同的概率越高,受教育水平越高的劳动者,选择无劳动合同的概率越低；此外,女性及已婚的劳动者选择长期劳动合同的概率高。第二,民营企业里那些签订长期劳动合同的员工与签订短期劳动合同、无劳动合同的员工在工作上存在明显的特征差异。结果显示,非制造业企业理倾向于使用长期劳动合同,制造业企业使用短期劳动合同和不签订劳动合同的概率更高。对技术知识要求较高的岗位签订长期劳动合同的概率更高,仅要求技术知识较低的岗位签订短期劳动合同的概率更高。第三,民营企业过高的履约成本会导致劳动合同期限短期化,并使得短期合同转为长期合同更为困难,从而使短期合同“垫脚石”(Stepping Stones)的作用不明显,制约劳动合同期限的效能。第四,长期劳动合同与短期劳动合同存在不同的和谐效应。只有在长期劳动合同工中有显著的和谐效应，表明长期劳动合同更有利于劳资关系的和谐发展。
[Abstract]:The signing of labor contract is an important measure for the institutionalization and legalization of labor relations. The term of the labor contract is the basic content that must be agreed upon by the labor contract. The Chinese private economy has the problem of low contract signing rate and short-term signing of the contract. In 2008, the state has made great efforts to protect the labor contract law for the protection of the interests of the workers. The amendment has increased the penalties for the non signing of labor contracts for enterprises, strengthened the restrictions on the use of fixed term labor contracts and made provisions for the implementation of unfixed term labor contracts. After that, the low contracting rate of labor contracts in private enterprises has been effectively changed, but the short-term phenomenon of labor contracts still exists.
For the time limit of the labor contract of the private enterprises, the influence of the duration of different labor contracts on the relationship between enterprises, the increase of labor contract and the increase of labor and capital, the harmonious relationship between labor and capital, the lack of systematic research in both theory and experience both at home and abroad, and the lack of empirical evidence for the government to formulate corresponding labor policies To this end, through the investigation of private enterprises in Zhejiang, this paper makes a theoretical and Empirical Analysis on the mechanism and its effect of different term types of labor contracts in private enterprises in China, in order to find out the problems and provide reference for scientific labor policy.
On the basis of relevant literature research on the maturity of labor contract, this paper first analyzes the two main bodies that decide the term of the labor contract: the decision of the behavior of the enterprise and the worker, and the determination of the time limit of the labor contract with the cost-benefit analysis and the chess game theory. Secondly, the paper puts forward the division of the term harmony effect and the efficiency effect of the labor contract. The formation mechanism of the term effect of the framework and labor contract is analyzed, and the internal logic of the effect of the short-term and long-term labor contract is clarified. Finally, through the questionnaire survey and interview of 30 enterprises in Wenzhou and Taizhou, Zhejiang, and the statistical analysis of the questionnaire data using SPSS, the Heckman two step method and the Oaxaca-Blinder decomposition are used. The proposed theory is verified and analyzed.
The main conclusions of this paper are as follows:
First, there is obvious characteristic difference between the employees of no labor contract, long-term labor contract employees and short-term labor contract employees in private enterprises. The probability of the laborers with high human capital level to sign long-term labor contract is high on the whole, and the probability of the workers with low human capital level to enter the work of non labor contract is high. At present, the more experienced workers in the labor market, the higher the probability of being elected to the long-term labor contract, the higher the education level, the lower the probability of choosing the non labor contract; in addition, the probability of the female and married workers to choose the long-term labor contract is higher.
Second, there are obvious differences between the employees who signed the long-term labor contract and the short-term labor contract and the employees without the labor contract. The result shows that the non manufacturing enterprise is inclined to use the long-term labor contract, and the probability of using short term labor contract and not signing labor contract is higher in the manufacturing enterprises. The probability of signing a long-term labor contract with higher technical knowledge is higher, and only a higher probability of signing short-term labor contracts is required for a post with lower technical knowledge.
Third, the high performance cost of the private enterprises will lead to the short term of the labor contract and make it more difficult to turn the short-term contract into a long-term contract, which makes the short term contract "Stepping Stones" not obvious and restricts the effectiveness of the term of the labor contract.
Fourth, there are different harmonious effects between the long-term labor contract and the short-term labor contract. Only in the long-term labor contract, there is a significant harmony effect, which indicates that the long-term labor contract is more conducive to the harmonious development of the labor relations.

【学位授予单位】：浙江工商大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：F249.26;F276.5

【参考文献】