"Law is not expensive, law is not right", "Where there is no law, there is no freedom". Our country is in a difficult climb from tradition to modernity, showing a certain "primary stage" feature of the coexistence of workers' rights consciousness and legal consciousness. On the one hand, the desire of workers to reflect their demands and participate in democracy is increasingly strong, but at the same time, their ability level is obviously insufficient, the channels are not smooth, and their legal awareness is weak. Irrational social psychology, administrative interference in the judiciary, judicial corruption, difficulties in enforcement and other problems in traditional Chinese culture, such as "aversion to litigation" and "blue sky complex", exist to varying degrees, which leads to the distrust of the judiciary by the workers and the masses, the decline of judicial credibility and the loss of judicial belief. On the other hand, it also urges employees to disrespect the judiciary, shift their energy and attention to solving contradictions through non-judicial procedures, and even solve pure legal problems through non-judicial channels. Some people believe in "letters and visits don't believe in the law, believe in it or not, and don't believe in the good", "make a mountain out of a molehill and make a mountain out of a molehill and don't solve it", only ask about the results regardless of means, "correct mistakes" and protect rights, and take illegal petitions such as visiting foreign countries, intercepting leading vehicles, and preventing attacks on state organs, which have seriously affected the normal social order. To this end, we must establish the consciousness of "the supremacy of the constitution and equality before the law" and fully realize that no organization or individual can be above the law, and that state behavior and citizen behavior must abide by and act in accordance with the law. If they break the law, they will be punished by the law. Leading cadres at all levels should take the lead in carrying forward the socialist spirit of the rule of law, firmly establish the awareness of the rule of law, bear in mind that the people are the real masters, and the power in their hands comes from and belongs to the people, and take the lead in knowing, understanding, abiding by and protecting the law. It is necessary to realize the transformation from administrative coercion to the concept of democracy and the rule of law, get rid of the path dependence on administrative coercion, establish the concept of democracy and fairness and justice, and continuously enhance the awareness of democracy and the rule of law. Through democracy and the rule of law, we can properly coordinate the interests of the people and workers, solve the contradiction between cadres and the masses, and develop, safeguard and realize the fundamental interests of the people and workers to the maximum extent. It is necessary to carry out legal publicity and education, educate and guide the workers and staff to enhance their awareness of abiding by the law, strengthen the concept of the rule of law that "the legal red line cannot be touched and the legal bottom line cannot be crossed", and fully understand that obeying the law by the whole people is an inevitable requirement for the people to be masters of the country, a respect for the people's dominant position, and a guarantee for realizing civil rights. Abiding by the law is the responsibility and obligation of citizens, the well-being of citizens, and a powerful guarantee for safeguarding citizens' rights. No right is absolute, and safeguarding rights is the use of rights. However, safeguarding rights must be carried out according to law and on the track of the rule of law. Shall not infringe upon the legitimate rights and interests of others, and shall not harm the public interests. The extension of "right consciousness" cannot be separated from the escort of "concept of rule of law". If the right cannot be exercised correctly, it will not only become a "paving stone" in the process of rule of law, but also a "fuse" of social unrest. Educate and guide the broad masses of workers to learn and abide by the law.
In working methods, we should be good at using legal means and the rule of law.
"Orders must be believed, laws must be carried out", "Laws are lax, and there is no cure", "Doing politics is not good, and doing it for yourself is not good." The life of laws and regulations lies in implementation, and the authority of laws and regulations also lies in implementation. After more than two thousand years of feudal rule in China, imperial power is supreme, power is greater than law, rule by man is greater than rule by law, and it lacks the influence of traditional culture and rule by law system. Coupled with the long-term influence of the planned economy system, some leading cadres are still keen on the administrative thinking mode and working mode of the planned economy, and some even use power to suppress the law and replace it with words. Personal will is superior to laws, systems and organizations, advocates personal arbitrariness, the will of the chief executive and administrative orders, and denies the principle of rule of law. To this end, we must conform to the requirements of the times and adapt to social changes, study and grasp the characteristics and laws of workers' mass work, create scientific and effective working methods, inherit and develop "Qiao Feng experience", intensify our work in accordance with the law, improve the working system and mechanism, pay more attention to the use of legal means to carry out workers' mass work, act in accordance with the articles of association, establish associations and management committees, perform their duties and safeguard their rights in accordance with the law, and coordinate labor relations by using legal thinking and methods. Improve the ability to use the rule of law thinking and the rule of law to exercise their functions and powers, constantly improve the working ability and level of the masses of workers under the new situation, put the work of the masses of workers into the track of the rule of law, do the work of the masses of workers in depth and detail, and effectively solve outstanding contradictions and problems involving the vital interests of the masses of workers. Effectively safeguard and protect the legitimate rights and interests of the masses of workers, and enhance the affinity and attractiveness of the work of the masses of workers. It is necessary to rely on external forces, integrate resources, and make good use of the forces of the legislature, law enforcement agencies, judicial organs, legal volunteers, public lawyers and other sectors to actively promote the implementation of the rights granted to workers and staff by labor laws and regulations such as the Labor Law. It is necessary to strengthen the supervision of labor laws and regulations of trade unions, actively cooperate with the National People's Congress to carry out labor law enforcement inspections, urge government functional departments to strengthen administrative supervision, urge enterprises to consciously and strictly enforce labor laws and regulations, standardize employment management according to law, actively fulfill their social responsibilities, and protect the legitimate rights and interests of employees according to law. In addition, "judicial justice is the last line of defense for social justice" and "an unfair referee even has more than ten crimes". Judicial authority and judicial corruption are incompatible, and judicial injustice is the root of judicial corruption. It is necessary to establish judicial authority and ensure that the judiciary is not subject to administrative domination and interference, and the judicial organs exercise judicial power independently and uniformly according to law. Other organs, social organizations and individuals provide institutional respect and maintenance for the authoritative position of the judiciary, create an independent judicial environment and establish an authoritative judicial system. Carefully build a high-quality judicial team worthy of the trust of employees, strengthen the construction of judicial professional ethics, enhance the sense of loyalty and self-discipline of judges, firmly establish the sense of judicial justice and the concept of quality first in handling cases, punish evil and promote good, correct evil, ensure that cases are concluded according to law within the statutory time limit, put an end to misjudged cases to the maximum extent, and build the last line of defense for fairness and justice. At the same time, it is necessary to increase the punishment for those who take bribes and bend the law, and promptly punish and eliminate the black sheep in the judicial team. It is necessary to give full play to the role of justice as the last line of defense to solve contradictions and disputes, rebuild the virtuous circle mechanism of judicial termination of contradictions and disputes involving litigation and law, resolutely correct the phenomenon of "unbelieving the law in letters and visits" and "unbelieving the law in patients", solve some complicated and thorny problems in the work of the masses of workers by the rule of law, ensure timely and fair relief of rights and interests, and make judicial channels a conscious and rational choice for the broad masses of workers.
In terms of working mechanism, it is necessary to strengthen source participation and lay a solid legal foundation.
After nearly 20 years of implementation, great changes have taken place in the social background and external environment. The marketization of labor employment and the legalization of labor relations put forward new and higher requirements for the improvement of labor laws and regulations. At the same time, labor laws and regulations are not perfect, some provisions are too principled and lack of maneuverability, so it is difficult to implement laws in practice, and it is urgent to speed up supporting legislation. Therefore, it is necessary to increase the participation in legislation and policy formulation, actively participate in legislation and policy formulation on behalf of the broad masses of workers, and promote the revision of the labor law as soon as possible, so that it can truly become the mother law of regulating general relations in the field of labor relations, and revise the labor law, the labor dispute mediation and arbitration law and other related laws to enhance its operability and execution. We should also focus on promoting the formulation of corresponding supporting laws on enterprise wage payment, labor inspection, collective wage negotiation and democratic management of enterprises. For example, it is necessary to clearly stipulate from the legal level that all enterprises and institutions must implement a democratic management system with the workers' congress as the basic form, and effectively protect the democratic rights of workers to participate in management and supervision. Actively participate in the formulation of employment, distribution, social security, safety and health, housing, education and other policies. Promote the formulation of social responsibility standards in line with national conditions, and urge enterprises to consciously fulfill their social responsibilities. Fully reflect the demands and voices of employees in the formulation and implementation of various reform policies. It is necessary to promote the improvement of scientific and democratic decision-making, improve decision-making mechanisms and procedures, enhance decision-making transparency and employee participation, promote the establishment and improvement of employee suggestion collection system, social stability risk assessment mechanism for major decisions, improve decision-making error correction mechanism, and implement decision-making accountability system. It is necessary to promote the improvement of the joint meeting system between trade unions and the government, the tripartite mechanism for coordinating labor relations, and improve the work pattern of party Committee leadership, government support, trade union action, employee participation and social coordination.
On the quality of cadres, we should comprehensively improve the ability to use the rule of law thinking and the rule of law to carry out our work.
For the majority of trade union cadres, especially leading cadres at all levels, the law is not only the basis and "sword of respect" for leading cadres at all levels to exercise their power, but also their safety rope and umbrella for "being an official in politics" and fulfilling their duties. Trade union cadres at all levels should maintain awe of the law, always maintain the rule of law in thought, always maintain the law in action, persist in exercising their power according to law, firmly establish the concept that the legal red line cannot be touched and the legal bottom line cannot be crossed, never exercise the power given by law, never interfere with things that are not allowed by law, never slack off their responsibilities required by law, and master legal weapons to do a good job for the masses of workers.
Trade union cadres at all levels should take the lead in learning and abiding by the law, consciously safeguard the authority of laws and regulations, strive to improve their ability to deepen reform, promote development, resolve contradictions and maintain stability by using the thinking and methods of the rule of law, improve their ability to serve scientific development and the masses of workers, and improve their ability to establish associations, manage committees, perform their duties and safeguard rights according to law.
First, strive to improve the ability to build a meeting according to law. Strengthen the study and research on the Labor Law, Trade Union Law, China Trade Union Constitution, Labor Contract Law, Labor Dispute Mediation and Arbitration Law and other relevant labor laws and regulations, fully grasp its essence, promote enterprises to establish trade union organizations in accordance with the Trade Union Law and China Trade Union Constitution, focus on strengthening the construction of two new organizations, small and micro enterprises and migrant workers, promote the construction of regional and industrial trade union organizations, and continuously consolidate the party.
The second is to strive to improve the ability of the management Committee to administer according to law. Adhere to relying on the masses of workers to run trade unions well, run trade unions well for workers, respect the dominant position of workers and members, shift the focus of work, strengthen classified guidance, and create better conditions for grassroots to solve practical problems and stimulate grassroots vitality; Do a good job in the audit and supervision of trade union funds, optimize the expenditure structure, deepen the supervision of trade union assets, promote the development of trade union assets according to law, and continuously expand the strength of serving workers, so that workers and staff can truly feel that trade union organizations are the most reliable "home for workers" and trade union cadres are the most reliable "parents".
The third is to focus on improving the ability to defend rights according to law. In view of the outstanding problems in employment, income distribution, labor and social security, safety and health, housing, education, etc., strengthen the top-level design, strengthen the formulation of legislation and policies, promote the improvement of labor laws and regulations, actively establish a working contact system with the legislature, organize employees to put forward opinions and suggestions on major draft laws, reflect their demands and trade union opinions to the legislature, strive to protect employees' interests from the source of legislation, and improve their ability to prevent and resolve contradictions and disputes from the source. He is good at analyzing problems with dialectical thinking and relevant and developing viewpoints, comprehensively applying policies, legal, economic and administrative means and methods such as education, consultation and mediation, serving and educating the masses in a way that the masses like, coordinating and resolving conflicts of interest, promoting the realization of social fairness and justice, and striving to make all employees enjoy fair rights, fair opportunities and fair rules.
The fourth is to focus on improving the ability to perform duties according to law. Earnestly perform the basic duties entrusted by laws and trade union articles of association to safeguard the legitimate rights and interests of workers, take a clear-cut stand to safeguard the legitimate rights and interests of workers, pay more attention to safeguarding their employment rights and interests, and promote more workers to achieve stable employment and high-quality employment, so as to achieve decent work, comfortable work and all-round development. On the basis of economic development, we will constantly improve the living standards and quality of workers and enjoy the fruits of reform and development. Keep in mind the great trust of the Party and the duties of trade unions, guard against formalism, bureaucracy, hedonism and extravagance, step out of tall buildings, mountains and seas, step out of the yamen style, step out of the tendency of institutionalization and administration, go deep into the grassroots, go deep into the masses, go deep into the front line, investigate and study, listen to the truth, understand the truth, grasp the truth, and conduct in-depth analysis on this basis, so as to form a correct judgment in time at the initial stage of contradictions.