Investigation Report on Law Enforcement Inspection of the Trade Union Law

In order to cooperate with the NPC Standing Committee's law enforcement inspection on the implementation of the Trade Union Law, further improve the trade union work under the new situation, and earnestly safeguard the legitimate rights and interests of the employees. According to the provincial general arrangement, the Shangqiu City Federation of Trade Unions issued the Actively cooperate with the Standing Committee of the National People's Congress to carry out the "Notice on Law Enforcement Inspection of the Trade Union Law". All county and district trade unions are required to take active actions, go deep into the grassroots level, conduct research and conduct a unified understanding, and implement ideological implementation, organizational implementation, work implementation, and implementation of funds, and earnestly do a good job in propaganda and implementation of the Trade Union Law. In order to do this work, the Municipal Federation of Trade Unions established the "Leadership of the Municipal Federation of Trade Unions and the Standing Committee of the National People's Congress to carry out the "Legal Trade Law" law enforcement inspection work leading group". The trade unions at all levels of the city actively acted and made full use of radio, television, newspapers, newspapers, slogans and other means to publicize the Trade Union Law in a big way, and generally carried out legal consultation activities around July 5, which set off in the city. The upsurge of learning to implement and implement the Trade Union Law.
1. The propaganda and implementation of party and government and trade unions at all levels in the city since the revision of the Trade Union Law.
After the revision of the Trade Union Law, the Municipal Federation of Trade Unions held a symposium of the labor union presidents of some enterprises and institutions in the city. The participants conducted an in-depth discussion on the significance of the revision of the Trade Union Law and the situation faced by the trade unions. The city has dispatched 6 publicity vehicles, broadcasted and publicized the main streets in the urban area, and organized more than 20 key personnel in the city. It carried out legal consultation activities in the downtown square, distributed 1,000 publicity lists and consulted 2,000 employees. At the same time, 10,000 volumes of "Trade Union Laws and Regulations Archives Selected" were distributed to trade unions at all levels to timely guide the learning and publicity activities of trade unions at all levels.
The county-level trade unions organized a series of different forms of publicity and learning activities. The Liangyuan General Union of Trade Unions held a meeting of all the staff of the district general organs and the chairman of the system trade unions. Originally, they studied the "Presidential Decree of the People's Republic of China No. 61", the "National People's Congress Standing Committee's Decision on Amending the Trade Union Law", and the "Chinese People's Labor Union". The Law discusses how trade union officials implement the Trade Union Law. The district also dispatched 3 propaganda vehicles, patrolling publicity along the main streets of the city, slogan 15 slogans, 102 newspapers, wall posters, and 1,205 red and green slogans. The Xiayan County Federation of Trade Unions earnestly studied the "Trade Union Law" and made a fuss about new words. The county trade unions seriously organized the study, actively promoted the momentum, and made a fuss about the five "new" characters. The first is to clarify new tasks. Through various forms of propaganda and campaigns, the Trade Union Law is deeply rooted in the hearts of the people; the second is to thoroughly understand the new content. The relevant contents of the basic responsibilities of the trade unions, the methods and methods of safeguarding rights, the legal protection of the formation of trade unions, and the legal protection of the property funds of the trade unions as defined in the revised Trade Union Law are understood, and they are used accurately; Ideas. In accordance with the provisions of the Trade Union Law and the Trade Union Constitution, consciously exercise their rights and fulfill their obligations in accordance with the law; the fourth is to change the style of work and effectively solve the problems in the ideological, work, and study styles, and to vigorously investigate and study the wind and earnestly fulfill the "first" Responsibility and responsibility, for the employees to do practical things, do good things; the fifth is to strive for new breakthroughs. Taking the revision of the Trade Union Law as an opportunity, earnestly fulfilling the basic duties of maintaining and making new breakthroughs in the key work of the trade unions.
2. After the revision of the Trade Union Law, the Municipal Federation of Trade Unions participated in the formulation of the work.
On January 4, 2002, the Civil Affairs Bureau and the Municipal Federation of Trade Unions jointly issued the "Notice on Doing a Good Job of Minimum Living Security for Destitute Workers", requiring civil affairs departments at all levels to make full use of the advantages of trade unions to grasp the situation of extremely poor workers, and strengthen The associations and cooperation of the trade unions jointly study the low-income work of the extremely poor workers, jointly carry out supervision and inspection, and effectively incorporate those workers with difficulties in life into the scope of subsistence allowances to ensure their basic living. On November 18, 2002, the Municipal Labor and Social Security Bureau and the Municipal Federation of Trade Unions jointly issued a file to carry out inspections on the payment of wages for migrant workers and enterprise employees throughout the city, requiring labor and security departments at all levels to strengthen the organization of trade unions. In connection with the labor security supervisors, the illegal acts of arrears on the wages of migrant workers and enterprise employees, especially those involving a large number of people and serious arrears of wages, should be dealt with expeditiously. If the employer transfers wages, equipment, and evades responsibility after defaulting on wages, it shall apply to the people's court for property preservation in a timely manner. On December 18, 2003, the Municipal Labor and Social Security Bureau and the Municipal Federation of Trade Unions jointly issued the "Notice on Supervising and Resolving the Arrears of Staff Wages", requiring labor departments at all levels to closely cooperate with the Ministry of Economy, Trade, Construction, Taxation, and Entrepreneurship. In other departments, in accordance with the requirements of the "Notice on the Implementation of the Enterprise Arrearage Reporting System", a special inspection of the wages of employees in arrears is carried out. At the same time, establish and improve a long-term mechanism to solve the problem of wage arrears of employees. In order to maximize the organization of migrant workers into the trade unions, the trade unions represent the employees on an equal footing to sign collective contracts, and must coordinate with relevant departments to strengthen supervision over the payment of wages by employers, establish wage payment monitoring, and disclose wages to enterprises. The announcement system supervises the enterprise to pay the employees' wages in full and on time. In order to safeguard the legitimate rights and interests of employees in non-public enterprises, the Municipal Federation of Trade Unions proposed to implement the "Opinions on Effectively Maintaining the Legitimate Rights and Interests of Migrant Workers" and the Democratic Management of Non-public Enterprises in Shangqiu City jointly issued by the Municipal Party Committee and the Municipal Government. The Interim Measures will be introduced soon.
In 2002, the county-level trade unions and the government at the same level held a joint meeting 11 times. In 2003, they held 13 meetings. The meeting solved many problems and difficulties faced by the trade unions. In 2002, the Municipal Federation of Trade Unions and the municipal government held a joint meeting, requiring all levels of government and relevant functional departments to support the trade unions to assist the government to further re-employment work, and to provide financial resources for the construction of the “training center” and the “difficult staff assistance center” of the trade unions. stand by. We must conscientiously grasp the norms and implementation of the policy of resolving difficulties and reemployment. All functional departments will issue relevant re-employment preferential policies as soon as possible, and the provisions in the licensing rights of each department shall be specific and easy to operate. It is necessary to work together, implement policies, eliminate the phenomenon of "shelving", and formulate and implement the policy of resolving and reemployment. The municipal government office should intensify supervision and ensure that all preferential policies are implemented. The 2003 joint meeting called for governments at all levels to intensify the supervision of the implementation of various re-employment preferential policies, raise funds for subsidized loans for laid-off workers as soon as possible, establish micro-credit guarantee institutions, improve guarantee methods, and implement lending banks.
The city and county levels have all established a tripartite consultation meeting system for labor relations, and insisted on holding one or two tripartite coordination meetings every year to study and solve major problems in labor relations. At the 2003 Tripartite Consultation Meeting on Labor Relations, the Bank formulated and promulgated the "Measures for the Investigation of the Responsibility of the Collective Contract of Equal Consultation in Shangqiu City".
Third, the trade union organization after the revision of the Trade Union Law.
The Municipal Party Committee established a new enterprise trade union leading group and issued the "Opinions on the Work of Newly Established Trade Unions". Under the vigorous promotion of the trade unions, the new trade union work was smoothly carried out. Trade unions at all levels in the city have gone deep into every enterprise and institution, and thoroughly investigated and made a lot of work to publicize the significance and necessity of forming a trade union. In accordance with the principle of “establishing first, then standardizing”, the grassroots trade union organizations in our city have developed rapidly. Up to now, there are 4,155 grassroots trade union organizations in the city, an increase of 25% compared with 2001; 425,250 workers have been established, an increase of 4% over 2001; 387,901 members, an increase of 5% over 2001; and 5,843 union cadres, an increase from 2001 13%. The growth rate of trade union organizations is relatively large, but the number of members has not increased proportionately. This is because of the restructuring and bankruptcy of state-owned enterprises in recent years, which has led to the loss of some former state-owned enterprise members. The newly formed trade union organizations are mostly small-scale enterprises and non-public-owned enterprises. Because the newly-built trade union owners have misunderstandings about the trade unions and adopt unsupportive attitudes toward the trade unions, some trade union organizations are notorious and it is difficult to carry out trade union work.
As a new member of the working class, migrant workers have become an important part of industrial workers. As a trade union organization, they should maximize their absorption into the trade unions and safeguard their legitimate rights and interests through the power of the organization. Since the beginning of this year, trade unions at all levels in the city have increased the intensity of peasant migrant workers entering the city. Up to now, among the 4,603 administrative villages in the city, there are 945,616 migrant workers, 417 members, and 53,243 members. There are two main ways for migrant workers to go out: the labor department or intermediary organizations go out in an organized manner, and there are no friends and relatives to go out. Disorderly going out has caused some migrant workers to join the trade union organization, and it is difficult to organize them effectively.
Fourth, the construction of trade union rights protection system.
Equally negotiated collective contract system is an important institutional measure to safeguard the legitimate rights and interests of employees and standardize the rights and obligations of both employers and employees. In order to further implement the collective bargaining system for equal consultation, since 2002, the Municipal Federation of Trade Unions has regarded this work as the focus of the year. At the beginning of each year, the city's trade unions should hold a special meeting on equal consultation and signing of collective contracts. All counties and districts have also formulated corresponding responsibility targets and assessment measures. To ensure the effective implementation of collective contracts, the Municipal Federation of Trade Unions implements monthly reports for each county. , quarterly reports and regular inspection systems. In 2003, the city's collective contract work leading group formulated and issued the "Interim Measures for the Investigation of the Responsibility of the Collective Contract Work in Shangqiu City". With the restructuring and bankruptcy of state-owned enterprises, on the basis of consolidating the signed contracts, the city has focused on the continuation of the reform of the collective contract and the establishment of non-public enterprises, and has promoted the signing of regional collective contracts. At present, the city has signed 153 regional collective contracts, an increase of 65 from the end of 2001, and an increase of 412 companies. There are 20 industrial collective contracts, an increase of 11 from 2001 and an increase of 60 for covered enterprises.
Taking the implementation of the revised Trade Union Law as an opportunity to promote the steady development of the employee democratic management system, which is the main form of the Workers' Congress. In the implementation of the factory affairs open work, in order to conscientiously implement the various functions and powers of the Staff Representative Conference, we have focused on the following tasks: First, the decision-making of enterprise reform, restructuring, restructuring, etc. must be submitted to the Staff Representative Conference for discussion and consideration; Major plans involving contract drafts, labor employment, diversion and re-employment, housing distribution, insurance, etc., which involve the vital interests of employees, must be submitted to the Staff Representative Conference for discussion and approval. Third, violations of the resolutions of the Workers' Congress and the disclosure of factory affairs will lead to contradictions. Intensified, affecting social stability, in accordance with the relevant provisions to investigate the relevant personnel responsibility of enterprises; Fourth, a major program involving the vital interests of employees, the implementation of a secret ballot system. 2,682 enterprises in the city have established a system of workers' congresses, accounting for 82% of the total number of enterprises in the city; among them, 1,164 are non-public enterprises, accounting for 67% of non-public enterprises in the city; 2263 are open to the public, and their Chinese, collective and holding companies The open rate reached 100%; 767 non-public enterprises with open factory affairs accounted for 44% of the total number of non-public enterprises; and 177 enterprises were restructured. Employees of 142 enterprises entered the board of directors, and employees of 186 enterprises entered the board of supervisors.
5. The trade unions help the employees in difficulty.
Trade unions at all levels in the city have insisted on carrying out warm-up activities as an important channel for trade unions to help employees in need. First, they have raised funds to establish a warm fund. The city has established 32 warming organizations and sent a total of 2.689 million yuan in warm funds, providing an effective guarantee for warming activities. The second is to persist in the "double festival" to send warm activities. Every year, the "double festival" is coming, and they are deployed early, and they are prepared early to purchase a large amount of daily necessities such as rice, noodles and oil to relieve the employees who are in difficulty. During the “double festival” in 2004, the city raised a total of 4,879,800 yuan of warm funds and 36,750 workers with relief and difficulties. The third is to coordinate the relevant government departments to introduce preferential policies to provide assistance for difficult workers to build houses, seek medical care, and enroll their children. The Ministry of Education issued a preferential policy for children of special hardship workers to enjoy tuition and miscellaneous fees and other study fees. The Ministry of Health jointly issued a preferential policy for medical treatment for destitute workers, and established 17 hospitals for destitute workers in the city. On the eve of the "May 1st" in 2004, all the nine county and district trade unions in the city established a help center for employees in difficulty and put them into operation. The county-level staff support center is equipped with computer equipment and other office equipment, and is equipped with 3-6 staff members. Self-run or integrate social forces to run schools, establish re-employment training bases, and provide skills training for employees to re-employ.
6. The issue of trade union funds and trade union property protection.
Compared with the year before the revision of the Trade Union Law, the collection rate of labor union funds in our city increased slightly, but the growth was not obvious, mainly because most of the state-owned enterprises’ bankruptcy and restructuring factors shrank a lot, resulting in labor union funds. cut back. In the non-public enterprises with more and more employees in the county and districts, the collection rate of funds has been at a low level. The main reason is that corporate legal representatives are not well aware. Some business owners believe that the establishment of a trade union has one more mother-in-law, one more opponent, and is unwilling to pay the labor union funds. Some business owners believe that the allocation of funds is an increase in corporate expenses, which is an additional burden; some business owners are bargaining on the payment of labor union funds; some business owners believe that the payment of labor union funds is a kind of apportionment; even some business owners will pay The labor union funds are regarded as a kind of charity and gift to the trade unions. The root cause of the above problems is unclear to the trade unions. It is considered that the Trade Union Law is not a mandatory law. It does not matter if it is not performed. The business owners who have such ideas are more common. This is also the difficulty in collecting current union funds.
Seven, there are problems
1. Some party and government leaders have insufficient understanding and support for trade union work, and their ideological understanding is not uniform. I can't see the role and status of the trade unions. I believe that the trade unions can't play any role, can't solve any difficulties and problems, and can't cope with and support the trade unions, which makes the trade union work difficult to carry out.
2. The organization of the trade union is not perfect and the organization is false. Since some leaders of institutions and institutions do not pay much attention to the work of trade unions, when they are equipped with trade union cadres, they have not seriously implemented relevant policies in terms of preparation and treatment, or only symbolic union presidents, causing trade union cadres to have concerns and unable to fully invest in trade unions. At work.
3. The formation of trade unions by non-public enterprises has a greater resistance. With the restructuring of state-owned enterprises and the rapid development of non-public enterprises, the focus of trade union work has shifted to non-public enterprises. However, the establishment of trade unions in non-public enterprises is difficult. Some business owners believe that trade union organizations have no effect on him. It is to sing against him, which is to increase the burden and not to form trade unions.
4. It is difficult to collect funds from the trade unions. First, the finance at the same level cannot allocate the labor union funds of the administrative institutions in full and on time; secondly, due to the weak legal system of some units, some enterprises have long defaulted on the funds of the unions on the grounds of poor efficiency; third, some private entrepreneurs refused to pay the unions. Funding.
5. The trade unions are unable to carry out the work of some vertical unit trade unions. There is a common problem in the vertical units. The chairman of the unit trade union has not been elected, nor has it been approved by the higher-level trade unions. Instead, the higher authorities have directly appointed them, and even arbitrarily revoked the trade union organization and replaced the trade union chairman. As a result, the trade union chairman has no popular basis and trade union work. Difficult to carry out.
Eight, recommendations and countermeasures
1. Intensify the propaganda of the Trade Union Law and promote the implementation of the Trade Union Law, especially among the leaders of the leading cadres and non-public enterprises, so that they fully recognize the necessity and importance of the work of the trade unions. To increase the consciousness and initiative of employees to join the trade union.
2. Accelerate the formation of trade unions in non-public enterprises. The trade unions at all levels adhere to the principle of “where there are employees, where the trade unions are built” and do a good job in the formation of non-public enterprises. However, at present, non-public ownership enterprises generally do not support the establishment of trade unions, which is considered a burden and hinders the development of trade union work. It is recommended that the relevant departments at the higher levels introduce corresponding policies that are suitable for the formation of trade unions of non-public enterprises, and accelerate the pace of non-public enterprises.
3. Strive to improve the overall quality of trade union cadres, strengthen the training of trade union cadres, and make a close integration of key work and training content. Special attention is paid to the training of legal knowledge of trade union cadres so that they can accurately use legal weapons and effectively protect their legitimate rights and interests.
4. In order to ensure that the Trade Union Law is truly implemented, the supervision power of the trade unions is guaranteed to be implemented, and the illegal acts are corrected in a timely manner. It is recommended that the higher authorities formulate the implementation method of the Trade Union Law and clearly stipulate the legal liabilities for the violations.