New Tendency of China’s Drug Control Management (6)

2. Contract between enterprises and drug rehabilitation personnel

Such contract is of the nature of labor relations, but is not limited to the ordinary labor contract. Drug rehabilitation personnel are obviously weak in the labor market competition and the negotiation on employer-employee relations, and it is difficult for them to obtain expected remuneration through market competition and negotiation with capital operators. For this reason, the remuneration of enterprises for drug rehabilitation employees is mainly determined based on the contract reached between enterprises and the government. The social responsibilities of enterprises also play a certain role, but not in leading and guiding aspects. Moreover, the kind act of enterprises to accept drug rehabilitation personnel for the society also helps enterprises to expand the sales market of their products.

In terms of the management on and benefits for employees, besides the remuneration and protection stipulated by labor regulations and policies, enterprises shall also provide premises, dormitories, canteens, fitness and recreational facilities, and living facilities and devices such as urban shuttle vehicles that promote psychological recovery, in accordance with the government’s requirements on the management on and development of drug rehabilitation personnel.

3. Relationship between the government and drug rehabilitation personnel

The relationship between the government and drug rehabilitation personnel does not have the nature of contract. To help drug rehabilitation personnel enter the "sunshine enterprises," the government’s motivation, assistance, and other measures are unilateral promotion behaviors to fulfill public functions and carry out public policies. Some policy-based welfare or subsidies provided by the government to drug rehabilitation personnel are also free and based on policies. The government’s legal obligation of supervising drug rehabilitation personnel to receive physical detoxification and psychological recovery is also its unilateral liability.

4. Settlement of contract disputes

Currently, sufficient high-end legal support is lacked. The ordinary civil and commercial contract rules fail to adapt to such policy-based welfare contracts. Therefore, rules based on local conditions in Guizhou need to be formulated and used as the reference for signing and performing such contracts and resolving disputes.