Analysis on the Basic Situation of Labor-Management Contradiction in Non-public Ownership Enterprises

I. Basic situation and characteristics of current labor-management contradictions in non-public ownership enterprises

There are 3,720 non-public ownership enterprises in our district with 28,491 employees. Recently, through our visits and surveys of some non-public enterprises in our district, the overall situation is good. Most enterprises have set up people's committees, mediation teams and mediators according to the size of enterprises and the number of people. These organizations are able to perform their duties conscientiously and strictly abide by the relevant systems. The relevant leaders of the company also meet our requirements as much as possible, and better cooperate with us to establish the Commission, such as Hushan Sub-district Office Founder Machinery Co., Ltd. Let the best house be used as a mediation room, and allocate special funds to equip the necessary office telephones, tables, chairs, televisions, video recorders, documents, books, etc., in order to do a good job in mediating contradictions and disputes, and to safeguard the legality of employees. Rights and interests lay a good foundation for the smooth conduct of mediation. However, in recent years, with the increase in the number of non-public enterprises, the problem of labor-management relations in non-public enterprises has become increasingly prominent. In some non-public enterprises, the responsibility, rights and interests between the two parties have not been reasonably determined. Management is not standardized enough. There is a lack of coordination mechanism within the enterprise, which is prone to labor disputes. The number of labor dispute cases has increased rapidly and has had a negative impact on the development of enterprises. Some non-public enterprises, especially in private enterprises and foreign-invested enterprises, many bosses are pleading for high profits, trying to reduce labor costs, and even deliberately violating labor laws and regulations, such as not performing labor contracts, arbitrarily dismissing employees, deducting or defaulting. Workers’ wages, non-compliance with social insurance or owing to social insurance premiums, etc., violate the legitimate rights and interests of employees. In particular, many private enterprises are in the stage of accumulation of primitive capital. The boss often uses unscrupulous means to extract surplus value, and the problem of infringing on workers' rights and interests is more serious. In recent years, in non-public enterprises, there have been more and more emergencies such as collective suspensions, strikes, and petitions due to violations of workers' rights and interests.

The above situation shows that under the conditions of market economy, the status of enterprises and employees as stakeholders has been basically established, and the interests of the two sides of the labor relations have become increasingly different. Especially in non-public enterprises with complicated situations and labor-intensive enterprises, the legal concept of operators or employers is often weak, and the labor management of enterprises is not standardized, resulting in frequent labor disputes. In recent years, the number of complaints handled by labor dispute arbitration departments has increased substantially, and labor disputes have entered a period of high incidence.

Second, the main reason for conflicts

1. In non-public enterprises, the labor contract flows to a certain extent. In the situation of oversupply in the labor market, the buyer's market of labor is formed, which makes the enterprise or employer in a favorable position. When recruiting employees, whether the labor contract is signed, how the contract terms are determined, how long the contract period is limited, and under what circumstances the contract can be terminated, is largely determined by the enterprise or employer. Even if a company violates the law and violates the law, it violates the legitimate rights and interests of employees. Many employees have to endure their lives in order to keep their jobs. At present, the problem of insufficient labor contract in non-public enterprises is more prominent, and the labor contract is in a certain form.

2. In some non-public enterprises, the wage and income distribution system and other regulations are not standardized, and the wages and salaries of employees are unstable. It is not uncommon to pay wages on time. In particular, some enterprises deliberately default or deduct wages, which makes many employees Without gaining, its economic interests are infringed. This has led to a large increase in labor compensation disputes.

3. In non-public enterprises, non-compliance with labor laws and regulations, violation of the legitimate rights and interests of employees, such as excessively low wage standards, deliberate deduction or arrears of workers' wages and other phenomena. Among them, the arrears of wages is the most important cause of labor disputes. Many small non-public enterprises, such as private enterprises, are still in the stage of primitive capital accumulation, often adopting a family-based management style, and employers deliberately deliberately extravagant, deducted, and arrears wages, and use this as a major source of profit. Means, employee rights are more difficult to be guaranteed. While wages are usually the main source of income for employees to maintain their lives, and the wage levels of many employees are inherently low, the arrears or deductions of workers’ wages are bound to cause difficulties for employees, which is most likely to cause strong dissatisfaction among employees, leading to labor disputes. Even causing emergencies, it has a very negative impact on social stability.

4. The participation of non-public enterprises in social insurance is not ideal, resulting in a lack of relief mechanisms. At present, some non-public enterprises have poor insurance coverage for their employees. They do not go through the formalities of participating in social insurance or pay social insurance premiums. The progress in participating in social insurance is far less than that of large state-owned enterprises, regardless of the number of people insured. , or the scope of insurance coverage, a considerable number of non-public enterprises are relatively backward. Even some enterprises deliberately defaulted on paying and reporting underpayment of social insurance premiums, especially for some private and private enterprises and wholly foreign-owned enterprises.

In recent years, our district government is working hard to expand the coverage of social insurance, including the inclusion of individual and private enterprises as the focus of expansion. Although the government encourages individual and private enterprises to participate in social insurance, preferential policies are applied to the payment standards, but the vast majority Individual private enterprise owners are not willing to insure employees. Although some private enterprises started to participate in the insurance under the supervision of the government, they only deal with the supervision and inspection of the local labor security department, and only handle the procedures for participating in the old-age insurance for several managers or a few backbones in the enterprise, but it is perfunctory. Everything is nothing more than the problem of the sick, old and sick of ordinary workers.

5. The power of the non-public enterprise adjustment committee is relatively weak, lacking the coordination mechanism of labor relations. The rights relationship between the two parties in the enterprise is in an unbalanced state, and there is no normal channel for equal communication and coordination between employees and enterprises.

Establishing a competent organization of the Commission is a necessary condition for establishing a labor relations coordination mechanism in an enterprise. At present, the status and role of the Commission in the enterprise is still low, and the strength of the Commission is relatively weak. This problem is more prominent in non-public enterprises. Since the funds of the Enterprise Commission are mainly from the special funds provided by the enterprises, the wages and benefits of the members of the Commission are also borne by the enterprises. This makes the Commission subject to the enterprise and it is difficult to truly represent and safeguard the interests of the employees. . In most private enterprises, township enterprises and foreign-funded enterprises, the organization of the Commission has not yet been established. At the same time, in these enterprises that have not established the Commission, many employees also have insufficient understanding of the importance of establishing the Commission, or they do not know how to organize the establishment of the Commission, and some employees believe that it is not necessary to join the Commission. Because these enterprises lack the organization of the Commission, it is even more difficult to protect the rights and interests of employees.

In addition, the provisions of relevant laws and regulations on the establishment of the Commission in non-public enterprises are not clear enough, and there is no effective means of restricting the enterprises that obstruct the establishment of the Commission, so that many bosses of non-public enterprises have taken the opportunity to exploit the law. And use various excuses to boycott the establishment of the Commission. Since the enterprise does not have an organization of the Commission, in the event of a labor dispute, the employees are often in an isolated and helpless position in the enterprise.

On the other hand, in some non-public enterprises, there are more migrant workers, the overall quality of employees is lower, the awareness of self-protection is poor, and the liquidity is relatively large. The lack of enthusiasm and initiative for the formation committee is also affecting the formation. A major factor in the Commission.

3. How do political and legal organs deal with disputes and mass incidents caused by labor-management conflicts in accordance with the law?

In coordinating the labor relations of non-public enterprises, we should take appropriate countermeasures against the main problems of labor relations in non-public enterprises, and make necessary adjustments and adjustments to the labor relations of non-public enterprises. It is necessary to effectively improve the status and role of the Commission, and extensively promote collective bargaining and collective contract systems, with the main body of labor relations coordinating themselves, and forming a labor relations coordination mechanism within the enterprise. At the same time, the government makes necessary adjustments through the comprehensive use of corresponding economic means, legal means and appropriate administrative means, safeguards the legitimate rights and interests of both parties to the labor relations, especially the employees, prevents, reduces, mediates labor disputes, and establishes harmonious and stable labor relations. Promote the healthy development of non-public enterprises.

1. Improve the organization of the Commission and improve the status and role of the Commission

First, for non-public enterprises that meet the requirements and have not established an adjustment committee, the local committees must take effective measures to urge these enterprises to set up the committee as soon as possible with the assistance of relevant government departments. For small enterprises that do not have the establishment of a legal person's qualification committee, a mediation team and a mediator may be established. In the place where conditions permit, the local mediation committee may also send a professional transfer committee cadre to the enterprise. The committee coordinated the solution.

The second is to improve the organization and standardize. In accordance with the "People's Mediation Organization Regulations" and the relevant provisions of the higher authorities, a two- to nine-person transfer committee shall be established in the non-public enterprises in the sub-district offices. The workshop shall set up a mediation team, and an information officer shall be established in the team. Through the mediation network. Improve dispute investigation, dispute mediation, dispute reporting, dispute registration, dispute return visits, and other systems. And to do the first year at the beginning of the project, there is a summary of work at the end of the year. Secondly, timely and correct mediation disputes, the mediation rate reached 100%, and the success rate of mediation was over 95%. The third is actively carrying out the "four no" activities. There are no criminal and public security cases caused by the intensification of civil disputes; suicide deaths; group fighting and collective petitions. The fourth is to conduct a legal publicity and education and social morality education every month. There is a separate mediation room, and the five committees have office furniture such as tables and chairs, file cabinets, etc. needed for mediation work. The six committees of the six committees established the "four cards" and "one map" on the wall, and the "five thin" and "one book" registrations. Through the "multi-pronged" work measures and systems, the organization is sound, the system is implemented, and the order is regular.

The third is to seek results and focus on the role. It is the purpose of the work of the Commission to establish a commission in the enterprise, resolve the contradiction between employees and enterprises in a timely manner, turn negative into motivation, and promote the stable development of enterprises. All enterprise adjustment committees must give full play to their respective roles in line with this principle. For example, the Commission established by Hengyuanda Electronics Co., Ltd. in the jurisdiction of Fushan Road Sub-district Office of our district has performed well in this respect. According to the current development requirements of the company, it is necessary to carry out layoffs and optimize mediation. The staff did not understand, had opinions, and appeared the above phenomenon and signs. In response to this situation, the company's dispatch committee quickly started work. They went to the workshop, interviewed the team, and found some ways to talk and work hard to make the employees work. The difficulties have been fully understood, the phenomenon of petitions and other phenomena have been eliminated, and the factors of unsafe stability have been eliminated. In addition, in November 2003, more than 60 migrant workers from Sichuan and Anhui provinces went to work in a construction site in our district. At the end of the year, the project was completed. The project costing 23,1800 yuan only paid 100,000 yuan for migrant workers, and the balance was never paid. The migrant workers are preparing for a collective petition in the absence of hope for the contractor to ask for money. While fixing the migrant workers, the construction site mediator reported to the person in charge of the judicial department of the street in time, and coordinated with the mediator and the judicial personnel, and negotiated with the contractor several times. The contractor finally got in 2003. On December 31, the one-time payment of 85,000 yuan of wages owed by migrant workers better protected the interests of migrant workers, and was greatly praised by the parties. The role of the mediators was also given due and demonstrated. Other neighborhood committees carry out humanized education, do not put the interests of employees and the interests of enterprises in a position of opposition, but work on a common point. Workers are always the masters of enterprises, and enterprises pursue the greatest economic benefits. The purpose is to let the employees get more benefits, and all temporary contradictions will be resolved in a common interest. In the targeted dialectical education and practical work, the mediation organizations of various enterprises have played an active role.

2. Practically strengthen labor contract management, unify principle and flexibility

In the coming period, non-public enterprises should be the focus of strengthening labor contract management, and they are required to send the contract text to the labor security department for verification, so as to timely check and correct the problems in the labor contract and guide enterprises in accordance with the state. The labor contract is signed in the laws and regulations. On the other hand, in the specific content and form of conclusion of the labor contract, enterprises can be allowed to adopt flexible and diversified methods according to the characteristics of the enterprise and the needs of the users without violating the relevant provisions of the state. For short-term laborers or non-other informal workers recruited by enterprises, enterprises may be allowed to sign relatively simple labor contracts with such personnel, and the standards for lowering the social insurance insurance and payment for such personnel may also be appropriately reduced.

3. Vigorously promote the establishment and improvement of collective bargaining and collective contract system

The key to coordinating labor relations in non-public enterprises is to establish a labor relationship coordination mechanism within the enterprise. It is necessary to focus on the implementation of collective bargaining and collective contract systems. For enterprises that have not established an adjustment committee, they may be authorized by the local transfer committee or the local branch of the local transfer committee under the authorization of the local transfer committee, and approved by the enterprise and employees. Representative employees shall conduct collective bargaining with enterprises that have not established an adjustment committee, and may sign regional collective contracts. By establishing a labor relations coordination mechanism in the enterprise, preventing and reducing labor disputes, and striving to solve the labor dispute problem at the source, relying on the enterprise and the Commission to organize the two sides to independently adjust the labor relationship.

4. Step up the establishment of a system of wage protection

In view of the fact that some small and medium-sized non-public enterprises are currently facing arrears in wages, they can first establish a system of wage arrears for employees in areas where wage arrears are more prominent. In these places, the local government should formulate implementation measures, requiring enterprises to pay arrears of wages to the employment service management agency of the local labor and social security department according to a certain percentage of the total wages of the employees. The payment rate standard should be paid with past and current enterprises. The relevant indicators of employee wages are linked. In principle, the more wages arrears by enterprises, the longer the duration, the higher the proportion of contributions, and vice versa. If the employee of the insured company has a problem of wage arrears, the wages owed by the enterprise can be used to pay the employee arrears of wages. The shortfall can be raised by realizing the assets of the enterprise. When the total amount of the unpaid wages paid by the enterprise reaches a certain level, the payment can be stopped. The arrears of wage protection is owned by all enterprises. A special account for enterprises is set up in the bank. The funds are earmarked for use by the local labor security department, and the local finance and auditing departments are responsible for supervision.

5. Strengthening labor security supervision for non-public enterprises

For non-public enterprises with frequent labor disputes, the labor security supervision department shall file and carry out key monitoring, and regularly or irregularly check these enterprises to implement labor laws, regulations and policies, especially when signing labor contracts. , wage standards and wages, participation in social insurance, working hours system, labor standards and labor protection, etc., urge enterprises to correct violations of laws and regulations, and give necessary punishment. In addition, it is recommended that the labor inspection department should link the annual labor inspection of the enterprise to the industrial and commercial annual review of the enterprise by the industrial and commercial department, and require the enterprise to register with the labor and social security department at the same time, and the annual labor review and The annual review of industry and commerce is carried out in conjunction with each other. In an enterprise that fails to pass the annual labor examination, the industrial and commercial department will not pass the annual industrial and commercial audit, forcing the enterprise to carry out rectification, otherwise it will revoke its industrial and commercial business license.

6. Establish labor dispute mediation system within non-public enterprises as soon as possible, and increase the prevention and treatment of labor disputes in non-public enterprises

Faced with the increasing labor disputes in non-public enterprises, we must pay attention to strengthening labor dispute prevention and mediation, reforming the arbitration system, and improving the quality and efficiency of case handling. At the same time, vigorously carry out the consultation and publicity work of labor security laws and regulations, and enhance the legal concept and rights awareness of laborers and employers. It is necessary to promote the establishment of labor dispute mediation agencies in various enterprises, and strive to resolve a large number of labor disputes at the grassroots level, and eliminate contradictions in the bud.