


































Economics, Law and Policy 
ISSN 2576-2060 (Print) ISSN 2576-2052 (Online) 

Vol. 4, No. 1, 2021 

www.scholink.org/ojs/index.php/elp 

21 
 

Original Paper 

Extraterritorial Reference of China‟s Labor Market Flexibility 

Adjustment 

Gao Fuxia
1
, Xu Xinpeng

1*
, Huang Yunning

1
 & Luo Lina

2
 

1
 Department of International Finance and Trade School, Sichuan International Studies University, 

Chongqing, China 

2
 Chongqing Southeast Hospital, Chongqing, China 

*
 Corresponding author: Xu Xinpeng, E-mail: xinpengxu@cqu.edu.cn 

 

Received: March 9, 2021       Accepted: March 12, 2021       Online Published: April 15, 2021 

doi:10.22158/elp.v4n1p21             URL: http://dx.doi.org/10.22158/elp.v4n1p21 

 

Abstract  

China’s labor market is facing a policy and legal dilemma of balanced flexibility and security 

adjustment. Under the condition of the continuous development of new economic conditions such as 

sharing economy and platform economy, the new employment pattern of the labor market presents new 

challenges to the current legal system. It is of great significance to optimize and perfect China’s 

existing labor policies and regulations by studying the experience of representative countries such as 

the United States, Japan, and Germany in labor market regulation and drawing on their scientific 

adjustment model. 

Keywords 

the labor market, flexibility, foreign experience 

 

1. Introduction 

According to the World Bank statistics for 2009, the level of economic development and 

unemployment show a negative correlation with the level of labor market regulation in a country. Due 

to the different degrees of legal adjustment in the labor market, there are differences in the impact on a 

country‟s employment structure and economic behavior. The higher the degree of labor market 

regulation, the more rigid the labor market and the slower the level of economic development, which is 

also one of the reasons for the weak economic growth, high unemployment rate, and the slow 

adjustment of the country‟s industrial structure. The lack of flexibility in the labor market system 

directly restricts the free movement of labor in the market, the creative ability of enterprise jobs, the 

attractiveness of the state to foreign investment, etc. Thus, in various countries, labor market reform 



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has been put on the agenda and has begun to increase the level of allocation of labor market resources 

through a series of labor market policies, while reducing the level of employment protection, increasing 

the construction of social security systems and the flexibility of the labor market. 

 

2. The Employment Protection System Represented by the United States and Britain 

Judging from the main ways of employment protection in the world, there are four main types of 

current employment protection models: the first type is the lower protection type. Britain and the 

United States are typical representative countries; The second type is a relatively high level of social 

protection, typically represented by Denmark, Finland, the Netherlands, Belgium, Ireland, and other 

countries; The third type is to provide workers with higher employment protection, and the level of 

social protection is relatively low, of which Spain, Portugal, Greece, Japan, Italy and so on are typical 

representative countries; The fourth type is not only the high level of employment protection, but also 

the level of social protection remains high, with France and Germany as typical representative 

countries. (see Table 1 and Table 2 for details) 

 

Table 1. Flexible Guarantee Types of Different European Countries 

Country Hierarchy Executive body 
Law 

performance 

Character 

generalization 

The balance 

characteristics 

Italy Industry 
The social 

partners 

Collective 

bargaining 

Pay more attention to 

the “freelancer” 

community; enhancing 

training investment; 

enhance employability 

Functional 

flexibility; Job 

security 

Spain Country 

Governments, 

trade unions, and 

employers‟ 

organizations 

Social 

agreement 

Advocate trilateral or 

even multilateral talks 

and improve labor 

protection for part-time 

workers 

Internal 

quantity 

flexibility; Job 

security 

Germany Industry 
The social 

partners 

Collective 

bargaining 

The union reached 

agreements with 

DaimlerChrysler and 

Siemens to extend 

working hours instead 

of job cuts 

Internal 

quantity 

flexibility; Job 

security 

Finland Country 
Trade unions and 

employers‟ 
Time bill 

Set up a “working time 

bank”: overtime and 

Internal 

quantity 



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organizations holiday working time 

can be freely deposited 

in the form of vacation 

time and extra income. 

it has promoted 

flexibility in the Labor 

market 

flexibility; 

Comprehensive 

security 

Austria Country The government Law 

Part-time worker 

retirement scheme: 

allows female workers 

over the age of 50 and 

male workers over the 

age of 55 to reduce 

their working hours by 

40% to 60% while 

maintaining the same 

income. 

Internal 

quantity 

flexibility/Wage 

flexibility; Job 

security/Income 

security 

 

Table 2. Reform of the Employment Protection Act 

Country Year 
Type of 

work 
Controls reflect Flexibility embodiment 

Finland 

1991 
Permanent 

workers 
 

Change the period of notice from two 

months to about one to two weeks 

1996 
Permanent 

workers 
 

For workers with less than one year of 

service, the period of layoff notice 

will be shortened from two months to 

one month 

France 

1985 

1986 

Temporary 

workers 
 

The “unbinding” of fixed-term 

contracts 

1986 
Permanent 

workers 
 

Deleted the clause that layoffs for 

economic reasons need to be 

approved by the government 

1989 
Permanent 

workers 

Large scale 

downsizing of 

employers needs 

corresponding buffer 

 



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measures 

1990 
Temporary 

workers 

Strengthen the 

regulation of 

temporary workers 

and short-term 

contract workers 

 

1993 
Permanent 

workers 

The terms of the social 

plan are guaranteed by 

law 

 

Germany 

1985 
Temporary 

workers 
 

Relaxed conditions for signing fixed- 

term contracts 

In the 

1990s 

Temporary 

workers 
 

The length of service and re-signing 

conditions for fixed and temporary 

contracts have been relaxed 

1993 
Permanent 

workers 

Blue-collar workers 

and white-collar 

workers have the same 

legal notice time, 

which increases the 

average legal notice 

time of workers who 

have worked for more 

than 10 years 

 

1996 

Permanent 

workers 
 

It raised the threshold for dismissal 

from five to ten employees 

Country Year 

Type of 

work 
Controls reflect Flexibility embodiment 

 1999 

Permanent 

workers 

The employment 

threshold for 

protection of improper 

dismissal is less than 

five employees 

 

South 

Korea 

1998 

Permanent 

workers 
 

Layoff due to “management reasons” 

and the need for the enterprise‟s 

business development is permitted 

1998 Temporary  There are fewer restrictions on 



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workers temporary employment 

Portugal 
1989 

1991 

Permanent 

workers 
 

Conditions for collective layoffs were 

further relaxed 

Spain 

1984 

Temporary 

workers 
  

1994 

Temporary 

workers 

Conditions for the use 

of fixed-term contract 

workers have been 

tightened 

 

1994 

Permanent 

workers 
 

The provision that allowed companies 

to adjust the number of employees 

according to their business status was 

abolished 

1997 

Permanent 

workers 
 

The wage allowance for wrongful 

dismissal was reduced from 45 days 

to 33 days 

1993 

Temporary 

workers 
 Temporary workers are allowed 

1997 

Temporary 

workers 
 

A fixed-term contract may be signed 

without any objective reasons, and the 

contract shall employ no more than 5 

employees 

The 

Swedish 

1993 

Permanent 

workers 
 

Employers give priority to two of 

their employees, and the rest can be 

laid off 

1995 

1997 

Permanent 

workers 

The principle of “first 

in, last out” is used 

again, but the 

possibility of changing 

the order of dismissal 

through collective 

bargaining increases 

 

Country Year 

Type of 

work 
Controls reflect Flexibility embodiment 

Britain 1985 

Permanent 

workers 
 

The period of wrongful dismissal 

increased to two years 



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The 

United 

States 

1988 

Permanent 

workers 

Enterprises with more 

than 100 employees 

need 60 days‟ notice 

of bankruptcy or 

layoff 

 

Belgium 
In the 

1990s 

Temporary 

workers 
  

Italy 

1987 

Temporary 

workers 
 

The proportion of fixed-term contract 

workers increased 

1997 

Temporary 

workers 
 

Temporary worker status is 

recognized during the probation 

period 

Source: All the above data are from OECD. OECD Employment Outlook [R]. Paries, 1999. 

 

In the early industrialized countries of the West, contract freedom was pursued in the field of the labor 

contract, which was the labor market practice under the guidance of liberal economic theory. The 

management has greater freedom in the exercise of the right of employment and dismissal. As some 

scholars have discussed, the management in the process of enterprise management, has a certain degree 

of internal management authority of the enterprise is taken for granted, the right to fire should be 

regarded as a kind of enterprise production and operation rights. But with the development of 

industrialization, the workers‟ awareness of labor rights, the development of trade union organizations, 

workers began to be less and less satisfied with their lives in a state of insecurity. For example, by 

introducing the French Labor Code, France has stipulated that a fixed-term labor contract may not 

exceed 18 months and that a fixed-term labor contract cannot be entered into without objective reasons. 

 

3. The Labor Contract Adjustment and Change System Represented by German and French 

3.1 Right to Change a Labor Contract 

Germany and France are more stringent in the use of public law to adjust labor contract changes. 

Germany mainly adjusts the contracting power of the parties by contract, which adopts two main 

modes of adjustment: the legitimacy guarantee model and the self-determining model. German law 

holds that if the status of the contracting parties is too wide, the autonomy for the change of contract is 

made by a powerful party, so intervention through public law allows the parties concerned to seek a 

relative balance in a changing environment. At the same time, the social legitimacy of the terms of 

labor contract changes is reviewed, such as articles 2, 4, and 8 of the German Law on the Protection of 

the Termination of Labor Contracts, which clearly state that the conditions of the change should 

conform to social legitimacy, and list the relevant conditions and standards. 

 



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French labor law distinguishes between unilateral changes by employers. Different adjustments have 

been made to the change of labor contract and the change of labor conditions, for example, for the 

adjustment of labor conditions, the employer can make full use of its employment autonomy, under the 

premise of making small-scale adjustments to wages, working hours, etc., the labor contract has not 

changed substantially. Employees may not agree with the employer's chance of working conditions and 

may resign, but must make clear their intention to resign. Otherwise, if the employer is prosecuted for 

unlawful dismissal after resigning, the judge generally does not recognize it, and the employee will not 

receive any compensation or compensation. In the case of changes in the labor contract itself, the 

French legal system is usually based on four criteria: first, look at the level of detail of the agreed terms, 

such as the agreement on the place of work, it must be clear under which conditions the employer can 

unilaterally change and account for the scope of the change, otherwise the changes invalid.  

Second, the terms of the change must be in good faith and the employer must not abuse the 

administrative power. For example, under changes at the workplace, an employer may be suspected of 

abusing internal management authority if it does not provide the worker with transportation facilities 

for changes in his or her work. Third, the agreed terms of change are strictly limited, not arbitrarily 

expand the interpretation. Fourth, if a worker violates labor discipline, he or she should accept the 

terms of the employer‟s post adjustment. 

3.2 The Right to Choose the Form of a Labor Contract 

There are three main ways to adjust the form of the labor contracts in the international market. One is 

to adopt a liberal model. Mainly representing countries and regions such as China‟s Macao and Hong 

Kong Special Administrative Region, Eastern countries such as Singapore, Europe, and the United 

States, Italy, the United Kingdom, Australia, and other typical countries; Such as China‟s Taiwan, 

France, Belgium, Indonesia, and other countries; Third, it is mainly written, oral as the exception mode. 

Such as Vietnam, Sweden, Russia, and other countries. For example, the Vietnamese Labor Code 

makes it clear in its article 28 that labor contracts should be signed in writing. However, for temporary 

work with shorter durations, such as temporary jobs of up to three months, written confirmation is not 

necessary if the parties to the labor relationship agree. The main reason for confirming the form of 

labor relations in writing is to give the written labor contract the function of evidence value. The 

reference to China is to clarify the evidence value of written labor contracts, not to make strict 

provisions on the form of non-fixed-term labor contracts, but to pass written documents, rosters, wage 

payment vouchers, unemployment registration information, separation certificates, and so on. As long 

as the relevant materials can prove the existence of labor relations, it is considered effective. However, 

for fixed-term labor contracts, it must be confirmed in writing, otherwise, it will also bear adverse 

consequences, mainly to prevent the moral risk of the subject of labor relations, save trial resources, 

and so on. 

 

 



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3.3 The Right to Agree on the Term of the Labor Contract 

At present, there are three main types of legal adjustment on the duration of labor contracts. One is the 

model of free application and dismissal for just cause represented by the United Kingdom; Second, the 

free application and prohibition of the abuse of dismissal power represented by the United States; Third, 

France and Germany as the representative of the strict application, justifiable combination model. 

However, China‟s current adjustment mode is different from the above three, or it can be summarized 

as the fourth type of mode, which is based on the current labor contract term rules in China. Its 

characteristics are compared in the following table. 

 

Table 3. Comparison of the Basic Characteristics of the Term Model of the Four Types of Labor 

Contract 

type 

Fixed-term contract Unfixed term contracts 

Suitable 

conditions 

Termination 

conditions 

Suitable 

conditions 

Termination 

conditions 

China's current 

model of 

adjustment 

No requirements 

for the position 

Resign 

unconditionally; 

Discharge is 

allowed for just 

cause 

No requirements 

for the position 

Resign 

unconditionally; 

Dismissal for just 

cause 

Suggested mode 

for modification 

No requirements 

for the position 

The expiration of 

the time limit is 

the principle; 

Negotiations and 

statutory reasons 

are exceptions 

No requirements 

for the position 
Same as above 

The British model 
No requirements 

for the position 
Same as above 

No requirements 

for the position 
Same as above 

The American 

model 

No requirements 

for the position 
Same as above 

No requirements 

for the position 

Resign 

unconditionally; 

Abuse of 

termination power 

is prohibited 

The French model Temporary post Same as above 
No requirements 

for the position 

Resign 

unconditionally; 

Dismissal for just 

cause 

 

 



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Therefore, the proposal to our country is to dismiss during the probationary period, enterprises need 

more autonomy, while the scope of application of dismissal protection is defined in the scope of 

non-fixed-term contracts, for economic compensation only applies to medium-and long-term labor 

relations, further increase in the constructive dismissal while refining the unfixed term dismissal related 

adjustment measures.  

 

4. The Labor Relations Identification and Subject Classification Adjustment System Represented 

by Germany and Italy 

The different subjects of labor relations are classified scientifically, and the adjustment mode of 

differentiation has been adopted by many countries in the world, and the legislative practice has been 

carried out. For example, Japan, the Netherlands, Italy, Switzerland, Germany, France, the United 

Kingdom, etc., through the design of their national civil codes or other labor legal systems, to achieve 

the adjustment of the classification of the subject of labor relations. The best representation is the 

German, Italian civil codes and Swiss debt laws that provide for this in more detail. 

The first is Germany. German law adjusts labor relations according to the size of enterprises, the 

number of workers, and other factors. The main reason for Germany‟s classification adjustment is to 

play the leading role of small and medium-sized enterprises in the economy, and to cultivate the size of 

the country‟s middle-class development, through scientific calculation, the performance of the 

enterprise through the setting of a critical value of this criterion to adjust the scientific classification of 

enterprises. In the setting of critical values, the selection of parameters or indicator systems is very 

important. The basis of the threshold is mainly to look at the size of the number of workers in 

enterprises, some special groups such as part-time employment groups, apprentices, dispatchers, etc. 

are also considered within the scope of indicators, but also take into account the scale of production of 

enterprises and other conditions. The calculation of critical value is rational and gives a visual and 

quantifiable criterion for the classification of enterprises, and its calculation process is also the result of 

the interesting game of all parties. 

As for the division of workers‟ identity, the mainstream opinion in Germany holds that the personality 

of labor relations should be regarded as the main basis for determining. Mainly from two aspects of the 

investigation, one is to see whether the employee joined the employer‟s organization, and the other is to 

see whether the work has been carried out under the command of the employer. According to these two 

major judgments, the focus is on the actual case of workers in the work content, location, duration, 

conditions, and other aspects of the situation under the command of the employer, supplemented by 

other elements of judgment, and finally concluded. About the classification of workers, German labor 

law adopts a three-way system that divides the group of workers into self-employed groups, similar 

groups of workers, and groups of standard employees. Similar groups of workers enjoy almost the 

same treatment in legislative protection because they are similar in nature and external form to standard 

employees. At the same time, different groups within, but also carried out a detailed decomposition. 



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The second is Switzerland. In the era of amending and perfecting its creditor‟s rights law in 

Switzerland, the construction of its labor legal system has become more perfect, and the labor market is 

in a benign state of development. Based on a full study of the labor market, the Swiss government has 

carried out a scientific classification for its domestic employees and employers by setting different 

standards, which provides different subjects with different means of adjustment, thus adjusting labor 

law to the subject of labor more precise. Switzerland established the legal system of employment 

contracts in 1911 and amended the debt law to a greater extent in 1917 when previous employment 

contracts were amended to labor contracts.  

The third in Italy. In the first four chapters of its Civil Code, Part 5, on labor legislation, Italy has also 

made different classification adjustments to labor subjects and treated different objects differently. The 

law stipulates that the employment and employment relations should be divided into standard labor 

relations, traditional employment relations and characteristic employment relations not only from the 

point of view of the characteristics of the workers‟ “attributes”; From the perspective of employers, 

according to the scale, income, the number of workers and other factors to divide enterprises into 

general types of enterprises and agricultural enterprises, business owners and small business owners 

and other different types to distinguish, for some employment groups because of the particularity of 

their forms of employment, in the Civil Code, some of the special nature of the work of the group of 

workers divided into interns, domestic workers, and other special adjustment policies (Note 1).  

 

5. Non-standard Employment System Represented by Japan 

 In terms of the labor dispatch system. The legal adjustment of the labor dispatch system in foreign 

countries can be interpreted mainly from the next few aspects. The first is to lift the veil of labor 

dispatch. The condition is that if the employer or employing unit violates the relevant provisions of 

labor law, the relevant departments and legal systems may make the dispatching act labor-related; For 

example, article 54 of the Vietnamese Labor Code stipulates that the period of service of human 

resources intermediary services shall not exceed one year; Third, the standards applicable to labor 

dispatch contracts are strictly qualified. The German Law on Part-time Employment and Fixed-Term 

Contracts applies to labor dispatch, so it can also be inferred that labor dispatch must be temporary or 

temporary, while the Labor Dispatch Law stipulates that labor dispatch is not allowed in the 

construction industry; Article 42, paragraph 2, of the Japan Labor Dispatch Law, makes it clear that 

workers of a continuous nature of employment for more than 12 months shall be under an “obligation 

to make immediate employment efforts”. Article 124-3 of the French Labor Code also states that the 

provisions of the dispatch contract prohibiting the dispatched enterprise from employing the dispatched 

workers are invalid. The Vietnamese Labor Law also makes it clear that workers may, if they wish, 

negotiate with the employer for the establishment of fixed or non-fixed-term labor contracts after the 

expiration of the employment service agreement provided by the relevant employment intermediary; 

Fifth, to promote the realization of the transformation of irregular employment contracts.       



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② In terms of non-standard workers. In the process of adjusting the flexibility of their labor market, 

western countries have put flexible employment, including but not limited to labor dispatch, part-time 

employment, etc., in the prominent position of adjustment, and make full use of their flexibility to 

stimulate the flexibility of the entire labor market. There are two common practices in Western 

countries: first, policy-led adjustment. The government has adopted the corresponding labor adjustment 

policy to realize the standardized, scientific, and orderly management of flexible employment, and the 

second is to enact relevant laws to ensure the effectiveness of the adjustment of flexible employment 

groups by the force of law. 

 

6. The Flexibility and Security Balance Adjustment System, Represented by Denmark and the 

Netherlands 

One of the most representative homes in the flexible security balance is Denmark and the other is the 

Netherlands. The flexible security model of the Danish labor market has its characteristics. First, the 

existence of this Anglo-Saxon free flexibility, refers to the enterprise can be following changes in the 

external environment and internal production structure adjustment at any time to hire or fire employees, 

if the reasons are reasonable, then it is not subject to any legal constraints and constraints; Of course, 

employees do not see their dismissal as a “flood beast”, because the country‟s well-developed social 

security system can help them, when they lose their jobs, does not mean that they lose their source of 

income, the state through unemployment benefits and other means to ensure their income security. 

Denmark‟s flexible security mode is also known as the “Golden Triangle” model (see figure below). 



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Figure 1. Danish “Golden Triangle Model” 

Source: Per Kongshøj Madsen “The Danish Model of „Flexicurity‟-A paradise with some Snakes”. 

 

This model has three fulcrums, one is the flexible labor market of the country, which guarantees a high 

degree of flexibility, the other is the stable social security system, which guarantees security, and the 

third is the active labor market regulation policy, which guarantees the motivation. According to 

statistics, in the 1990s, at least a third of employees rotate from one workplace to another, and a quarter 

of them would be laid off and flowed into the social security net to protect their income through 

unemployment benefits. This part of the staff can be divided into two categories, one is a short break 

after looking for work, and the other is more than a certain period still unable to find a job if there is a 

problem with their ability, then to receive the country‟s skills upgrading training, otherwise can no 

longer receive unemployment benefits. The other is the “idler”, who, if they are not keen enough to 

find work themselves, will be forced to stop receiving unemployment benefits and find a job. Through 

this structure, a virtuous circle is formed. One thing to mention here is that Denmark‟s social security 

system is perfect. Statistics show that low-income groups have a higher income substitution rate of 

their own when combined with the various subsidies associated with their jobs and combined with 

Flexible 

Labor 

markets 

The 

social 

security 

 

Education 

policy, etc. 

 

Active labor 

market policy, 

loose legal 

environment 

Basic flexible 

security 

links 

Income 

protection 

The safety effect of 

legal guarantee in 

the labor market 
Job security 

The flexible 

effect of legal 

guarantee in the 

labor market 



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Denmark's tax structure. For example, in some areas, the income substitution rate for ordinary workers 

is 70 percent, and for low-income groups, it is even 90 percent (Note 2). On the other hand, higher 

social security expenditure will increase economic costs, thereby increasing the cost of enterprises, 

leading to bankruptcy or production capacity decline, and ultimately not conducive to employment, but 

the trade unions believe that the labor market is too flexible, workers‟ rights and interests are more 

likely to be at risk, not conducive to security. Therefore, how to mobilize the enthusiasm of workers in 

production is one of the problems facing the Danish government.  

The Netherlands has made adjustments to two laws on dismissal by management. For example, if a 

business wants to fire an employee, it needs to obtain a request from the Center for Work and Income 

for approval before it can go through the dismissal process, or if there must be some “serious cause” 

before it can apply to the District Court for a layoff. Therefore, this strict security model for employees 

has been fiercely criticized as a serious restriction on the development of enterprises, hindering 

economic development. There are strong calls from all sectors of society for the liberalization of labor 

market regulation. In the mid-1990s, Dutch government official Admeiker, minister of social affairs 

and employment, made an official interpretation of the flexible guarantee model. The core idea of the 

document is to revise the employment protection policy and abolish the more strict dismissal approval 

system in the past. The Netherlands focuses on strengthening labor market flexibility through external 

stimulus without relaxing labor security for temporary and vulnerable groups. The flexible security 

policy adopted by the Netherlands relies on social forces.  

The achievements of flexible and safe labor market adjustment ideas: First, flexible and free labor 

market, effectively reduce the cost of labor market transactions, promote the reasonable flow of labor, 

not only facilitate the flexible employment of enterprises, but also in line with the trend of workers 

freely looking for work, whether from the scale point of view or the alternative point of view is 

conducive to promoting employment pressure, and the practical effect is better. Denmark and the 

Netherlands, for example, have the highest labor force participation rates in Europe, at more than 75 

percent, while unemployment has fallen below 5 percent. The competitiveness of the two countries has 

also leaped to the forefront of the world. Flexible and secure labor market strategies, by combining the 

flexibility of employment and dismissal with the security of social security, have greatly promoted the 

flexibility and freedom of the labor market on the one hand, and active employment promotion policies 

for the protection of individuals on the other. Enterprises hire more workers, reduce unemployment and 

increase employment, while vocational training at the national level improves employee skills, 

employment opportunities increase, and functional flexibility; Income security minimizes worker risk, 

promotes labor mobility and structural changes, and increases quantitative flexibility; It has to be said 

that the Flexible and Security-oriented labor market policy in the Netherlands is one of the driving 

force behind the “Dutch miracle”.  

 

 



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7. Experiences and Enlightenments of Foreign Expeditions 

With the continuous development of the global economic model, the mode of labor is constantly 

changing, and its legal adjustment is also adjusting. The legal adjustment in the field of labor in 

western developed countries shows the following characteristics:  

First, the specialization of labor legislation. The specialization of legislation is aimed at the recurring 

problems in the field of labor and is fine-tuned by special legislation. For example, concerning the 

mode of labor dispatch, Germany has introduced the Employee Transfer Act, through which labor is 

permitted dispatch, and the dispatch method, requirements, etc. are specified. Japan introduced the 

Japan Workers‟ Dispatch Law in 1985, and the labor dispatch began to be fine-tuned. Germany and 

Japan through a special form of legislation to the labor dispatch have made a detailed response, and the 

background is the dispatch abuse, workers‟ rights and interests have been violated more serious stage, 

therefore, the legislation began to send near-harsh provisions. With the development of the economy 

and the gradual standardization of dispatch forms, it is possible to “unbind” labor dispatch (Note 3).  

Second, the labor legal system serves the economic development trend. With the increasing trend of 

economic globalization, the adjustment of domestic industrial institutions, enterprises face increased 

competition, to reduce costs, enterprises on the autonomy of employment calls are becoming more and 

more strong. At the same time, to increase the employment rate and give more workers access to work 

opportunities, the law began to adjust the mode of employment. One is to allow flexibility in the way of 

employment, especially the proportion of part-time workers increased. Germany increased from 

100,000 flexible workers in 1980 to more than 900,000 in 2011, and article 8, paragraph 1, of the 

German Law on Part-time Employment and Fixed-Term Labor Contracts makes it clear that if full-time 

workers apply for part-time employment, the management should agree. The reason is that Germans 

believe that a full-time switch to part-time will free up more jobs, allow more workers to get jobs, 

reduce the country‟s pension burden, but also protect the flexible employment model of enterprises. 

Third, we should have a clear understanding of the flexible security of China‟s labor market. From the 

perspective of the development of China‟s labor market and the institutional changes of legal 

adjustment, compared with the history of labor market changes in the early industrialized countries, 

there are both commonalities and characteristics. For example, the imperfection of labor legislation in 

our country is the reason for the inflexible labor market. At the same time, the new characteristics of 

labor relations in the new economic form also need the timely response of the legal system. According 

to the development of labor relations in developed countries, we can see that the general trend is from 

unconstrained free and flexible employment pattern to stable rigid employment model, in recent 

decades there has been a new flexible employment paradigm. China‟s labor market is also faced with 

the problem of insufficient flexibility, but due to the differences between the national conditions, China 

and foreign labor flexibility are different, one is the stability of China‟s labor relations, and the West 

than far from enough. The basis for moving from stability to flexibility is not solid, and secondly, the 

employment flexibility is insufficient, and the existing labor legal system cannot adapt well to the new 



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Published by SCHOLINK INC. 

situation in the field of employment. Therefore, in the process of dealing with flexibility, we should not 

only absorb the foreign advanced experience but also learn the lessons of its adjustment. Combined 

with the actual situation of China‟s labor market, creatively realize the scientific adjustment of the 

labor legal system to labor market flexibility. 

 

Acknowledgement 

Sichuan Foreign Studies University‟s scientific research project “Research on Chongqing‟s high skilled 

talents development mode from the perspective of industrial structure transformation and upgrading” 

(SISU 201776), Research on the identification and governance of new labor relations under the casual 

economy (KJQN202000905) New features of China‟s labor market from the perspective of sharing 

economy and its legal response (19JD04). 

 

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Note 1. Italian Civil Code, Articles 2094, 2130-2134, 2222, 2239, 2240-2246, Translated by Fei Anling, 

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