This article by Our Commentator is written on the occasion of the fifth anniversary of the enforcement of the Labor Law. The commentary reads in full as follows:

The 2000 New Year's Day is the joyful festival of the hundreds of millions of people, it is also the fifth anniversary of the implementation of the Labor Law of the People's Republic of China. Enforcement of the Labor Law has played an important role in safeguarding workers' interests, guaranteeing their livelihood, maintaining social stability and promoting enterprise reform and development.

In the process of establishing a socialist market economic structure, it is necessary to correctly handle the relations between reform, stability and development and guarantee reform and development through stability. Guaranteeing people's rights and interests and improving their living standards are the basic requirements of the socialist system. In deepening the reform, protecting the legal rights and interests of laborers and establishing a stable and harmonious labor relationship are an important aspect of guaranteeing social stability, the purpose of making the Labor Law and an important aspect of exhibiting the superiority of the socialist system. The Labor Law comprehensively stipulates the various rights and duties enjoyed and undertaken by the employing units and laborers, thereby promoting the establishment of labor insurance systems, such as labor employment, vocational training, social insurance, minimal wage and labor safety and health, the handling of labor dispute and labor supervision. Through the carrying out of the Labor Law, China has basically set up the old-age insurance and unemployment insurance systems that cover various types of enterprises in cities and towns, the basic medical insurance system is also being established, the Labor Law has played an important role in the establishment and perfection of these systems. In the past two years, in particular, the governments at all levels have conscientiously done a good job in the "two guaranteeing" work (guaranteeing the basic living standards for laid-off workers and guaranteeing timely issuance of full pensions to retirees), worked hard to strengthen the establishment of a social security system and have thus ensured the basic livelihood of the overwhelming majority of retired personnel and laid-off workers, and effectively safeguarded the rights and interests of laborers and social stability.

The promulgation and implementation of the Labor Law has created favorable conditions for enterprises to strengthen management and improve efficiency. The Labor Law clearly stipulates that in establishing labor relationship, a labor contract must be concluded, both the employing unit and laborer must carry out the contract according to law, this provides a legal basis for the establishment of a modern enterprise employment system, has thus changed the past situation in which people could hardly be transferred to other jobs and the first assignment of job determined one's lifelong post" and accelerated the process of reform of the enterprise labor employment system.

At present, thoroughly implementing the Labor Law and earnestly guaranteeing the lawful rights and interests of laborers remains a very arduous task. We have noticed that cases of infringing upon the legal rights and interests of workers have still occurred from time to time in some localities and enterprises, the work of guaranteeing the basic life of workers has not been completely put in place in some places, a lot of basic work remains to be done. The Fourth Plenary Session of the 15th Central Committee of the Communist Party of China clearly set the goal and orientation for the reform and development of State-owned enterprises (SOEs), stressed the need to do a good job in downsizing the staff and increasing benefits and the re-employment of laid-off workers, and speeding up establishment of a social security system. A further implementation of the Labor Law should be closely connected with the whole situation in regard to SOE reform and development and social stability. In the future, it is necessary to comprehensively establish a social security system independent of the enterprise, enlarge the covering scope of social insurance, so that laborers can enjoy old-age, unemployment, medical and other social insurance treatments according to law, and to set up a safety network guaranteeing social stability; it is also necessary to further do a good job in the work of guaranteeing the basic life of SOE laid-off workers, speed up the formation of a market-oriented employment mechanism and gradually establish an income distribution system in conformity with the modern enterprise system; it is also necessary to strengthen labor protection supervision work, urge the employing unit to carry out labor protection laws and regulations, establish and perfect the labor contractual system according to law and safeguard the laborer's legal rights and interests; do a good job in the work of legislation and popularization of law on labor protection and legal publicity, thereby creating a good legal environment.

Enforcement of the Labor Law is of vital importance to the overall situation regarding reform, development and stability, and involves many aspects of work. We believe that this law designed to safeguard the rights and interests of the hundreds of millions of laborers will definitely play a still greater role in promoting future reform, development and stability so long as leaders of all levels and concerned departments pay a high degree of attention to it, work in close coordination, fulfill their respective responsibilities according to law and implement it in a down-to-earth manner.