Investigation and Thoughts on Current Labor Relations Issues

Investigation and Thoughts on Current Labor Relations Issues

In the recent period, we conducted some work research on how to standardize social labor relations and fundamentally represent and safeguard the legitimate rights and interests of the most workers. From the grassroots situation, the problems in labor relations are more prominent, and the violation of the legitimate rights and interests of laborers cannot be ignored. Establishing and standardizing labor relations is one of safeguarding the fundamental interests of the broad masses of workers, promoting the healthy development of productive forces and maintaining social stability. The very urgent task of the project should be highly valued by all sectors of society.
I. Problems and Causes of Labor Relations Since the State Council issued the Interim Provisions on the Implementation of Labor Contract System in State-Owned Enterprises in 1986, the State promulgated the Labor Law in 1995, and adopted the labor contract system as the basis for establishing legalized labor relations. China's labor employment system has undergone fundamental changes, and labor relations have undergone profound changes. At present, a new type of labor relationship is established that is compatible with the socialist market economy. However, with the changes in ownership structure, especially the development of individual, private and foreign-funded economies and the restructuring of state-owned and collective enterprises, the problem of labor relations and irregular labor management has become increasingly prominent, and the legal rights of workers have been seriously violated. From our review, there are five main types of problems:
The first type of problem, fraudulent workers, has caused practitioners to fall into the "professional trap." The main performance is to deceive before entering the door and to be cunning after entering the door. Some employers with limited work and low remuneration deliberately deceive workers, and lure employees with a comfortable working environment and generous salary; some illegal employment agencies are also recommended for work, violently request registration fees. , registration fees, etc.; there are also some "employers" collusion with illegal employment agencies, in the name of recruitment, the use of various means to abduct the job seekers, causing adverse effects in society. Judging from the illegal behavior after the employment of employees, many employers violated the law and illegally, and forcibly collected deposits, deposits, training fees, fund-raising funds, clothing fees, etc. from employees, leaving them without paying fees. Some employers have turned illegal charges into ways of making money.
The second type of problem, without signing a labor contract, is difficult to obtain effective protection of the legitimate rights and interests of workers. First, a considerable number of individual and private enterprises do not apply for labor and do not sign labor contracts with workers. From the inspection of the employment situation of various enterprises in the county, the labor contract signing rate is not high. Second, some state-owned collective old enterprises and difficult enterprises are not terminated or renewed for the extension of the contract, such as long vacation leave, no two search, long-term outside, and long-term sick leave. Third, some restructuring enterprises did not promptly change or renew their labor contracts with their employees, and labor relations were ignored, leaving many hidden dangers. The existence of these problems, the victims are often individual employees.
The third type of problem, the distortion of the wage distribution system, violates the workers' right to work compensation. Mainly due to the arrears of deductions, deliberately lowering wages and paying wages in kind. For example, a considerable number of state-owned collective enterprises owe long-term wages to employees for various reasons; some reformed enterprises use the so-called “distribution by capital” to lower the wages of employees, and workers are afraid to speak out, otherwise there is the possibility of being laid off; The minimum wage standard is to find ways to reduce the wages and benefits of employees; some violations of the wage payment regulations, in disguise to pay wages in kind, forcing employees to contract sales of the company's slow-moving products, according to the proportion of sales of products to withdraw wages, employees actually do not receive wages. Most private and private enterprises implement verbal agreed wages, saying how much or how much to rely on the owner's wishes, some owners do everything possible to extract the hard-earned money of employees. These problems have not only seriously affected the basic life of workers and their families, but also caused a large number of labor dispute cases and some violent criminal cases.
The fourth type of problem does not pay social insurance premiums and damages the long-term interests of employees. Some state-owned, collective and foreign-invested enterprises owe social insurance premiums to employees; some of the participating enterprises apply for endowment insurance for employees, and do not apply for unemployment and medical insurance; some employers use “trial” as an excuse to delay the processing of employees for a long time. Social insurance; in the insured payment unit, there are still problems such as lowering the payment base and reporting the underpayment. The situation of individual and private enterprises is even more serious, and the vast majority do not pay social insurance premiums for employees.
The fifth type of problem does not implement basic labor standards and violates the personal rights of employees. The main problem is to extend working hours and increase labor quotas. Judging from the problem of working hours, some enterprises that implement comprehensive calculation of working hours only have concentrated work and no concentrated rest. Some even think that the implementation of comprehensive working hours can freely extend working hours without restrictions. Many individual and private enterprises, foreign-funded enterprises and some state-owned collective enterprises, especially hats and garment processing enterprises, have greatly increased labor quotas and forced employees to work overtime. Some individual and private enterprises have forced their employees to work overtime without pay, and they have been abused, detained and beaten if they are not.
The reasons for these problems: First, institutional and institutional reasons. For a long time, the laws and regulations on labor management of workers in China have basically targeted state-owned and above-level collective enterprises. They rarely involve individual and private economy, nor do they involve public institutions. In them, the concept of labor relations and labor contracts is relatively indifferent. Second, the operator's legal awareness is weak, and the pursuit of profit maximization. In particular, individual private owners and contractors of restructuring enterprises mistakenly believe that not signing labor contracts with employees can be free from the Labor Law and not subject to labor contracts. It is not necessary to pay social insurance for employees. , which reduces the cost of labor. Third, the relevant laws of the state are not perfect, and the rigidity of the labor security department in accordance with the law is insufficient, and management is not in place. Fourth, the relationship between the local economy and the construction of a social security system has not been properly established in some places. There is a prejudice affecting the investment environment for the social insurance premiums collected by enterprises, especially foreign-invested enterprises. Fifth, some workers lack self-protection awareness. Some think that the boss can give more money, and it is not necessary to sign a labor contract or pay social insurance. To correct these problems, we must base ourselves on the current situation and focus on the long-term, and take the fundamental interests of the broadest working people as the starting point and destination, and strengthen governance measures.
II. Thinking about adjusting and standardizing labor relations In view of the problems existing in current labor relations, in the next period, focusing on establishing and standardizing the labor relations of various types of employers, we must firmly grasp the core of implementing the labor contract system. The problem is to build a labor relations monitoring and adjustment mechanism from four aspects.
First, establish a legal guarantee mechanism to provide legal protection for the establishment and adjustment of labor relations. It is necessary to support the work of strengthening legislation, law enforcement, and law-enforcement: First, we must speed up the legislative process of labor relations. Laws and regulations such as the Employment Promotion Law, the Labor Contract Law, the Collective Contract Law, and the Social Insurance Law will be introduced as soon as possible, so that the establishment and adjustment of labor relations can be truly ruled and law-abiding. Second, we must strengthen the law enforcement norms of labor relations. Strengthen the supervision and inspection of the implementation of labor laws and regulations by employers, adhere to the combination of daily inspections and centralized inspections, general inspections and key inspections to ensure that the basic systems and basic standards stipulated in the Labor Law are fully implemented. Third, we must strengthen the legal awareness of both sides of the labor relationship. Through the forms of propaganda, education, training, etc., improve the legal quality of workers and business operators, so that they can understand the law, abide by the law, and act in accordance with the law.
Second, establish a multi-layer coordination mechanism to promote harmonious and stable labor relations. First of all, we must do a good job of the government's macro-control of labor relations. It is necessary to timely study and formulate relevant policies to guide and promote the harmonious and stable labor relations in response to new situations and new problems arising from social labor relations in different periods. Secondly, it is necessary to establish a multi-level coordination mechanism for labor relations. The government, enterprises, and trade unions will conduct regular communication and consultation on major policies and major issues concerning labor relations, and coordinate the interests of all parties. At the same time, it is necessary to establish a mechanism for mediation of grassroots labor disputes. Establish and improve the three-party mediation committee composed of enterprise representatives, trade union representatives and employee representatives in all types of employers to resolve internal labor disputes in a timely manner. Thirdly, we will improve the self-regulation mechanism of enterprise labor relations with the core of equal consultation and collective contract. Both sides of the labor relationship must have a fixed negotiating representative; formulate a practical and negotiating system, including the principles, time, content, and procedures of the consultation, and all matters involving the legitimate rights and interests of the employees must be resolved through collective bargaining.
Third, establish a supervision and management mechanism to safeguard the legitimate rights and interests of both parties. On the one hand, promote the sound internal supervision organization. In various types of employers, especially non-public economic organizations, private enterprises with a certain scale, establish employee trade union organizations, give full play to their role of democratic supervision and democratic management, and resolve the unfavorable factors affecting labor relations at the grassroots level. On the other hand, implement the necessary government administrative intervention. In particular, it is necessary to deal with various issues concerning the minimum wage system, working hours system, rest and vacation, and special labor protectors' rights and interests that concern the vital interests of the majority of workers. At the same time, it is necessary to carry out government administrative intervention and intervention in advance of group petitions and strikes that may occur to prevent the intensification of conflicts and the expansion of events.
Fourth, establish a departmental linkage mechanism to form an overall synergy of labor relations in accordance with the law. First, the labor security department should put a good "government-oriented". It is necessary to combine local actual policy measures. At present, it is necessary to rationalize the changes, renewals, terminations, and lifting of labor contracts in light of the new situation of enterprise restructuring and "changing things." Second, the administrative department of industry and commerce should cooperate with the “registration and registration”. In the examination of business qualifications, auditing and verification of business licenses, whether the business units, especially the individual and private enterprises, have signed labor contracts and applied for social insurance, as an important condition for auditing and checking. Third, the public security department has put a good "hukou transfer". The key point is to cooperate with the management of foreign laborers. Anyone who fails to apply for employment registration and does not sign a labor contract is deemed to be unemployed or illegally employed, and will not apply for temporary residence. This is also the need to safeguard the legal rights of workers. Fourth, the trade unions at all levels should put a good "network rights protection". On the one hand, it is necessary to improve the network and vigorously promote the use of employers, especially individual and private enterprises with a certain scale, to establish trade union organizations according to law; on the other hand, we must truly play the role of trade unions and supervise employers to abide by labor laws and regulations. In short, through the overall linkage management mechanism, the majority of workers can effectively protect their legitimate rights and interests, no matter where they are employed, no matter what kind of occupation, so that social labor relations can maintain harmony and stability, and achieve long-term stability.