Investigation Report on the Tripartite Coordination Mechanism of Labor Relations by the Municipal Federation of Trade Unions

In order to further promote the improvement of the three-party coordination mechanism for labor relations and achieve the harmony and stability of labor relations, the xx City Federation of Trade Unions was appointed in August according to the "Notice on the Investigation and Study of the Tripartite Coordination Mechanism" in the No. 4 [2003] A special survey was conducted on the operation of the tripartite coordination mechanism of labor relations in the city by means of statistical tables, listening reports, and accessing information. The investigation report is as follows. Basic information The three-party coordination mechanism of labor relations is the basic pattern and system for dealing with labor relations under the conditions of market economy. It is an effective form to solve the problem of labor relations and participate in economic and social democratic management. The Trade Union Law also clearly stipulates that the labor administrative departments of the people's governments at all levels should, in conjunction with representatives of trade unions and enterprises at the same level, establish a tripartite consultation mechanism for labor relations and jointly study and solve major problems in labor relations. In accordance with the provisions of the law and the needs of the situation, xx cities, counties and districts have established a tripartite coordination mechanism for labor relations on behalf of the government, trade unions representing workers, and representatives of economic and trade commissions. Based on a smooth and efficient coordination mechanism, with the goal of promoting harmonious and stable labor relations, and improving laws and regulations as a guarantee, we will strive to open up new ways for the government, trade unions, and enterprise organizations to coordinate labor relations. The new method has basically formed The pattern of subject negotiation, tripartite guidance, government regulation, and legal regulation. The three parties of labor relations work closely together to establish a work system, define duties and tasks, formulate rules, actively carry out activities, and do a lot of fruitful work. To achieve the harmonious and stable labor relations, protect the legitimate rights and interests of workers and enterprises, and promote enterprise development. And social stability has played an extremely important role. According to the "Statistical Table of the Basic Situation of the Work of the Tripartite Mechanism", it has been shown that: 1. Since the establishment of the two-level tripartite conference in the city, 52 consultation meetings have been held. The conference has studied and involved three labor contracts and seven collective contracts. Dispute handling 8 times, social security 6 times, safety and health 7 times, labor standards 6 times, salary distribution 7 times, re-employment 3 times, the other 3 times; 2, filed 8 times since the establishment of the system, all three parties jointly issued ; 3, research and inspection 13 times since the establishment of the system, of which the three parties combined 11 times, the union unilateral 2 times. Up to now, the staff has not been trained.
II. Main body composition and organization form Since the work of the tripartite coordination mechanism of labor relations in our city started late, only the city, county and district level have carried out this work. It is still blank in townships and industries, and needs to be further expanded. The xx city labor relations tripartite coordination mechanism was established in June 1999; the xx district was established in February 2001; the xx county was established in July 2001; the xx county was established in July 2001; the xx county was established in September 2002. The system of tripartite consultations issued documents in the name of the three parties and standardized the system. The main body of the tripartite consultation is the Labor and Social Security Bureau, the Trade Union and the Economic and Trade Commission. The Labor and Social Security Bureau represents the government in organizing, guiding and coordinating in the tripartite consultation. Through regular contacts and communication with the trade unions and the Economic and Trade Commission, it promotes the government's policy intentions, strives for mutual recognition, and finally agrees. Opinions to achieve the macro-regulation of labor relations in the region; trade unions represent employees in the tripartite consultation of labor relations, truthfully reflect the opinions and requirements of employees, so that the formulation of relevant labor policies can truly reflect the interests of employees; And a wide range of activities to protect the interests of businesses and operators. In our city, the organization form of the tripartite coordination mechanism for labor relations is a tripartite coordination meeting. Through the tripartite coordination meeting, we will jointly study and formulate labor policies in the region and solve problems in dealing with labor relations. For example, the Municipal Labor and Social Security Bureau, the Municipal Federation of Trade Unions, and the Municipal Economic and Trade Commission held a three-party coordination meeting on labor relations in the first half of 2003 on June 27 to study and deploy this year's equal consultation and collective contract work: 1. Further standardize the text of the collective contract; 2. Open a collective contract and wage negotiation training class; 3. Conduct a survey on collective contract work; 4. Select trees and cultivate advanced models of collective contracts and wage negotiations; 5. Establish enterprise wage arrears Early warning system; 6. Conduct a check on the performance of the collective contract of the city; also discussed and approved the Notice on Adjusting the Leading Group of the Group Contract System in xx City and the Notice on Further Improving the System of Labor Relations Coordination Meeting. Xx County reached an agreement on the following work through the tripartite coordination meeting: 1. The Labor and Social Security Bureau should speed up the work of the “Re-employment Concession Card” for laid-off and unemployed workers; 2. The employment of laid-off workers from all kinds of enterprises in the county by the three parties Conduct a survey on the status and living conditions; 3. Use the county trade union help center to train employees free of charge; 4. Decide to organize a large-scale publicity campaign for the county to collect pension insurance according to law in late August.
III. Work System and Coordination Contents In the name of the Labor and Social Security Bureau, the General Labor Union and the Economic and Trade Commission, the municipal and municipal governments directly issued the archives on the establishment of a tripartite coordination meeting system for labor relations. The system of holding time, job responsibilities, and working principles has been standardized and improved. In terms of personnel composition, each party shall not be less than 3 persons. The time requirement shall be convened twice a year at the middle of the year and at the end of the year. An ad hoc meeting may also be convened upon the proposal of one party. The main duties of the work are: 1. Exchange information and exchange opinions when formulating opinions and plans for establishing a sound equality consultation and collective contract system. To raise a unified understanding of relevant issues, and put forward opinions and suggestions; 2. Exchange the implementation of the "Regulations on the Collective Contracts of Enterprises in Henan Province", the "Labor Law of the People's Republic of China" and the establishment of a sound collective contract, and study the major problems arising in the operation. Countermeasures, strengthen guidance; 3. Organize inspections, exchanges, training and other activities to promote equal consultation and collective contract work in the region. The principles followed are legal, fair and timely; taking into account the interests of the three parties of the state, enterprises and employees; mutual trust, support, cooperation and consensus.
The main contents of the tripartite consultation are as follows: 1. Communicate and exchange the situation and problems in the work of the labor relations, and negotiate the major issues with overall and tendency in the labor relations. 2. Submit opinions and suggestions on the regulations and policies for designing and adjusting labor relations in the region, and supervise the implementation. 3. Investigate and study collective labor disputes and mass incidents that have significant influences, and propose suggestions for solutions and prevention. 4. Study and formulate opinions and plans for equal consultation and collective contract work in the region, and organize inspection, exchange, training and other activities.
IV. Empirical Effects and Typical Cases During the operation of the Tripartite Coordination Mechanism of Labor Relations, several experiences have been accumulated for discussion.
1. Adhere to the correct guiding ideology. In promoting the establishment of a tripartite coordination mechanism, trade unions at all levels must adhere to the spirit of Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory, fully implement the spirit of Comrade Jiang Zemin's three important thoughts, and truly implement all aspects of this work. In the link, the requirement of embodying the three representatives is taken as the fundamental measure for establishing the tripartite consultation mechanism.
2. Establish the corresponding organization according to the actual situation. To adjust labor relations through a tripartite coordination mechanism, it is necessary to establish a corresponding organization. The organization of the tripartite consultation should be set up from the actual situation and established from the perspective of facilitating the work of the region, so as to create a good working environment for the tripartite coordination mechanism.
3. Correctly grasp the principle of tripartite consultation. The four principles of tripartite consultation should run through the whole process of work. Trade unions should conduct democratic consultations with equal status and status and fully express their opinions and suggestions. Through the coordination and communication between the labor department and the representative organizations of enterprises, seek common ground while reserving differences, negotiate and work together, and form a consensus.
Since the establishment of the tripartite coordination mechanism for labor relations in Luohe City, the government, trade unions, and enterprises have worked together to strengthen the mechanism, which has enabled the city to open up a new socialist market economy and achieved remarkable results. At the same time, it has also solved some representative A hot spot with a large impact. For example, in August 2002, a migrant worker of a private enterprise in the Tiedong Development Zone had a work-related accident in the factory area. The enterprise refused to apply for the Work Injury Certificate for the employee on the grounds that it was not a formal worker, so that it could not enjoy the work injury treatment. After the City Federation of Trade Unions was informed, it proposed to convene a temporary meeting of the three parties to study and deal with the case, and decided that the labor arbitration department intervened to carry out administrative intervention, and the incident was finally dealt with satisfactorily. In the tripartite coordination meeting, the company also proposed to conduct a survey on the maintenance of the legitimate rights and interests of migrant workers in the city, which was recognized by all parties. After the investigation, the detailed report was made to the municipal party committee and municipal government in writing, which promoted the promulgation of the policy of “Opinions of xx Municipal Party Committee and Municipal People's Government on Strengthening the Management of Migrant Workers' Service”; 118 employees of a company in XX County were due to pension insurance The issue of unemployment insurance has been disputed with the unit, causing group petitions. After understanding the situation, the County Federation of Trade Unions immediately proposed to convene a tripartite coordination meeting to decide that the county labor dispute arbitration committee should open the case to accept the case. After investigation, it was found that when the company handled double gold for employees, the reporting base was too low, and the employees paid less than 500,000 yuan. Through the mediation, the Arbitration Commission prompted the company to pay the social insurance fees for the employees, and the legitimate rights and interests of the employees were protected.
Five, there are problems
1. There are differences in the enthusiasm of the three parties. In the actual operation of the tripartite coordination mechanism, the labor unions representing the employees are relatively active because of the higher level labor unions, and the labor bureau and the economic and trade commission are subordinate.
2. The tripartite consultation mechanism has no funds to guarantee. The tripartite consultation system requires a certain set of office foundations, as well as funding for personnel training, study and study. However, there is no channel for funding at the higher levels and places, making work a passive source of water.
3. The development of the tripartite coordination mechanism is uneven. At present, the working mechanism of the city and county has been established, and the tripartite mechanism of townships and industries has not yet been established.
4. The professional quality of some staff members needs to be further improved. The quality of the staff determines the quality of the consultation, so the staff is in urgent need of training.
5. The chief representative of the tripartite consultation mechanism is relatively low. As far as the current situation in the city is concerned, the chief representatives of the three parties are all deputies of the parties, the specifications are low, and some problems cannot be decided.
Six, suggestions
1. Negotiate on an equal footing and reach a consensus. The improvement of the tripartite consultation mechanism is the need to deal with labor relations under the conditions of market economy, and it is also an international common practice. The three defenses negotiate on an equal footing and negotiate anything that involves labor relations.
2. Improve legislation and improve the system. A special law on the tripartite consultation mechanism for labor relations should be formulated as soon as possible so that the tripartite consultation mechanism is standardized, institutionalized, and legalized, and the tripartite consultation activities are incorporated into the legal system.
3. Strengthen training and prepare talents. It is necessary to strengthen the training of the tripartite representatives and related personnel and improve the level of consultation to achieve the desired results.
4. Strengthen reporting and obtain support. It is necessary to report to the party committee and the government on the work of the tripartite coordination mechanism for labor relations, in order to obtain support in terms of policies and funds, and create a good environment for the work.