Research on the Enterprise Autonomy under Labor Contract Law-From the Perspective of Human Resources Management

The Labor Contract Law in the People's Republic of China went into effect on January 1, 2008. It is fundamentally an extension of labor protection system in the context of social justice. It also imposes a certain degree of restriction on employers' operating autonomy, labor autonomy and the management of employees, which has provoked different social responses and many scholars also vary in attitude. The paper demonstrates the enterprises' autonomy under labor contract law starting from the relationship between mandatory rules and arbitrary rules of the law, and the relationship between the system of retaining in preference while cutting down the staff, recruitment system and performance appraisal system, staff selection system, therefore, the concept comes into being that the restriction of The Labor Contract Law in the People's Republic of China on human resources management autonomy is in line with the system of protecting the interests of the labor, and measures which favor the weak of modern labor law.