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Ask the paper "Trade Union Decision and System in the Legal System of Labor Contract"?
Research on China Trade Union under the Socialist Market Economy System (7299 words)

China Trade Union is a mass organization of the working class, in which workers unite voluntarily. The All-China Federation of Trade Unions was established in May 1925.

Japan is a unified, united and powerful trade union organization. Since its establishment, he has been the leader of China's * * * production party.

Under the guidance, safeguard the political, economic and cultural rights and interests of Chinese workers.

Trade unions in China implement the organization and leadership principle of combining industries with localities. Except Hongkong, Macao Special Administrative Region and Taiwan Province Province,

At present, there are 3 1 provincial local general trade unions, 16 national industrial trade unions and two trade union federations of central and state organs.

There are more than 500,000 grass-roots trade union organizations with1030,000 members and more than 500,000 full-time trade union cadres.

Trade union is the product of social and economic contradictions, more precisely, the product of labor relations contradictions. Reform, opening up and development association

Over the past 20 years of socialist market economy, China's economy has made great achievements that attract worldwide attention. In this historical process, after

The economic structure and economic relations have undergone and are undergoing drastic and profound changes. Economic components, interest subjects, social organizations and cooperatives

The diversification of social life style has brought a series of new situations and new problems to trade union work.

(1) Define the subject of labor relations. With the development of socialist market economy, the management mechanism of enterprises and the transformation of modern enterprises.

With the implementation of the industrial system, the state-owned enterprises have gradually changed from the appendages of the government to the self-management and self-financing under the macro-control of the state.

Self-development, self-restraint of legal entities and market competition subjects, as well as the interests of investors, operators and workers.

The system has been further clarified, and the tripartite interest pattern of the state, enterprises and employees has gradually taken shape. Employment, income, labor insurance and

Specific interests such as welfare have changed from the relationship between workers and the state in the past to the relationship between workers and enterprises, that is, it is decided by the state.

1. The arrangement is changed to that under the macro-control of the state, employees and enterprises mainly sign labor contracts and collective contracts through consultation.

How to achieve it. The relationship between employers (managers) and workers in various labor units is clear towards the main body and has many benefits.

Yuan, the direction of standardization according to law.

(2) The types of labor relations are diversified. The country has developed from a single public ownership economy under the planned economy system to a public ownership economy.

With ownership as the main body, various economic components and modes of operation coexist, and there are also various ways of employment and distribution within the enterprise.

Mode, in state-owned and collective public enterprises, private, foreign-funded and individual non-public enterprises, joint-stock system, cooperative system and

In Sino-foreign joint ventures and other enterprises with mixed ownership, both sides of labor relations have their own status, functions and rights in the labor process.

Difference.

(3) The operation of labor relations is initially marketized and contracted. With the initial establishment of the socialist market economic system, the labor force

With the development of the market, the labor market can effectively allocate labor resources and solve the supply, demand, flow and problems of labor.

Industrial conditions and wage standards and other aspects related to labor relations are gradually being realized through the market. Both sides of labor relations are independent.

On the basis of consultation, through signing labor contracts and collective contracts, establish and standardize labor relations, and clarify and adjust the rights of both parties.

And obligations. In this case, on the one hand, it enhances the autonomy of workers' rights and interests, on the other hand, it also increases the wind of workers' rights and interests.

Risk. In the current situation that the supply of labor exceeds demand, workers are undoubtedly in a weak position in labor relations.

(4) The contradiction of labor relations is prominent and complicated. Driven by market competition and interest mechanism, investors, operators and workers

Actors often pursue different interests. All three are trying to do a good job in the enterprise and make the "cake" bigger because

Their different interest requirements, coupled with the friction between the old and new systems, the adjustment of interest pattern, the imperfection of laws and regulations and other factors.

Ring, the interests of both sides of labor relations will inevitably collide and conflict, leading to the increase of labor disputes and labor disputes. Especially with

The deepening of reform has increasingly touched the deep-seated contradictions in labor relations, which have been accumulated by state-owned and collective enterprises for a long time and have been concealed.

The contradiction hanging over labor relations is gradually exposed, and the problem of redundant employees in enterprises that has been hidden for a long time in the past is also exposed.

Increasingly prominent, the phenomenon of laid-off and unemployment has emerged. The labor rights and interests of some employees have been affected in enterprises that have stopped production, semi-stopped production and difficult enterprises.

The disaster was severe, and the basic living security encountered great difficulties. In some new enterprises, especially some foreign and private enterprises.

The infringement on the legitimate rights and interests of enterprises and employees is quite serious, and major vicious accidents occur frequently.

In this case, the trade union must take the initiative to adapt to the requirements of the development and change of labor relations, and further clarify and clarify as workers.

As representatives and defenders of activists' interests, they should shoulder the responsibility and task of safeguarding the legitimate rights and interests of workers and join labor relations associations.

The keynote plays a role in the establishment of harmonious labor relations.

1At the end of 1994, the second executive committee meeting of the 12th ACFTU was held. The meeting put forward the trade union work in the new period.

Body thinking, emphasizing the need to further highlight the maintenance function of trade unions. The 13th National Congress of China Trade Union put forward

The guiding ideology and main tasks of trade union work in the next five years point out that the general idea of trade union work should be adhered to and developed. 1999 12

The second executive committee meeting of the 13th session of the All-China Federation of Trade Unions held in May once again stressed the need to further highlight and perform the maintenance function.

Breakthrough of key work of trade unions and strengthening of their own reform and construction. In socialist China, the working class is the leader of the country.

The interests of the class, the working class and the people of the whole country are basically the same. But the overall interests and specific interests

There are differences and contradictions between them objectively. This determines the maintenance of trade unions in China and the overall interests of the people throughout the country.

When, to better represent and safeguard the specific interests of workers, the purpose is to maximize the protection, mobilization and play the broad masses of workers.

Enthusiasm and creativity, and guide this enthusiasm and creativity to reform, development and stability, and then better implement it.

Represent and develop the fundamental interests and long-term interests of the working class and the people of the whole country.

In recent years, China's trade unions have done a lot of work, mainly in the following aspects.

First, promote enterprises to establish equal consultation and collective contract system and establish stable and coordinated labor relations.

It is the right given to trade unions by the labor law that trade unions negotiate with employers on an equal footing on behalf of employees and sign collective contracts.

Li. Since 1994, trade unions at all levels have always regarded the implementation of equal consultation and collective contract system as the main task of safeguarding the economic interests of employees.

Means, did a lot of hard and meticulous work. Up to now, more than 365,438+0,000 enterprises in China have established the collective contract system.

Home, covering more than 765,438+0 million employees. We are taking measures to spend three to four years in most enterprises.

The establishment of this system makes the collective contract cover the vast majority of employees. At present, the focus is on foreign investment, private and other non-public sectors.

Establish this system in enterprises and small and medium-sized enterprises that have changed their operating mechanisms. At the same time, actively promote the establishment of regions and banks.

The system of equal consultation and collective contract in industries and the tripartite coordination mechanism of labor relations at different levels have promoted the coordination of labor relations.

Steady development. At present, we are coordinating our efforts, establishing an equal consultation mechanism, signing a collective contract system, and persisting in labor.

Unify the standards with the actual development of enterprises, safeguard the legitimate rights and interests of employees, and promote enterprises to operate according to law and improve scientifically.

Management system, and strive to improve the pertinence and effectiveness of this work.

Participating in labor dispute mediation and supervising the employer's implementation of labor laws and regulations is one of the duties entrusted to the trade union by law.

An important right. The Labor Law of People's Republic of China (PRC) clearly stipulates that the enterprise labor dispute mediation committee is composed of employee representatives.

The employer and trade union representatives and trade union representatives shall serve as directors of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The union representatives are still the same.

One of the three members of the labor dispute arbitration commission. At present, 290,000 grass-roots labor dispute mediation committees have been established nationwide.

Multiple, so that a large number of labor disputes are solved at the grassroots level and solved in the bud. Trade unions at all levels have established relatively sound labor laws.

Supervise the organization and play an active role. Trade unions in many provinces and cities have set up legal service agencies for employees to provide legal advice to employees.

Provide legal aid to employees in need.

Two, organize and represent employees to participate in democratic management and democratic supervision, and safeguard the legitimate rights and interests of employees from the source.

Organizing and representing employees to participate in the democratic management and supervision of the state, social affairs and enterprises and institutions is an important task for employees as a country.

This is also an important right given to trade unions by law. National Federation of Trade Unions and local trade unions,

The ways and forms for industrial trade unions to participate in and discuss state affairs are as follows: First, legislative participation. Mainly to participate in the legislation of people's congresses and government departments at all levels.

The formulation of political rules and regulations. In the past five years, the All-China Federation of Trade Unions has participated in the national legislation 106 and jointly issued the norms with relevant parties.

More than 30 documents. Local trade unions and industrial trade unions participate in the formulation of local laws and regulations closely related to the interests of employees, and jointly with relevant departments

More than 3,200 normative documents were jointly issued. The second is policy participation. It mainly involves social, political and economic policies and employees.

And hold a joint meeting with the government (administration) at the same level.

* * * To study and solve the concerns of workers and trade unions. The third is to participate in the government's reform institutions involving the interests of employees. calculate

Participate in and supervise the whole process of reform plan and organization implementation, and strive to safeguard the legitimate rights and interests of employees. Fourth, in the National People's Congress,

CPPCC and relevant departments hold positions. In these organizations and departments, the exercise of corresponding rights directly reflects the wishes of the broad masses of workers.

Take a look and call. At present, I mainly participate in the revision of the Trade Union Law, the Collective Contract Law and the Social Insurance Law.

The enactment of this law will promote the country to gradually establish a legal protection system for the rights and interests of workers and trade unions; Actively participate in various projects involving employees.

The formulation of policies and reform measures of vital interests, the reform of wages, employment and housing system, and the pension, unemployment,

The trade union put forward suggestions and opinions on the reform of the medical insurance system.

Trade unions in China not only emphasize the macro-protection of workers' legitimate rights and interests in the formulation of laws and policies, but also attach great importance to it.

Relying on the micro-maintenance of the legitimate rights and interests of grass-roots employees, the unity of micro-maintenance and macro-maintenance can be realized. The workers' congress is an enterprise.

Organizations in which workers exercise democratic management power, and enterprise trade unions are the working bodies of workers' congresses. China's Constitution has great influence on the country

The workers' congresses of some enterprises have made special provisions. China's relevant laws and regulations also stipulate that all enterprise restructuring plans must be submitted to employees.

Will review; Major issues concerning the vital interests of employees must be decided by the workers' congress; The draft collective contract shall go through the workers' congress.

After discussion and approval, the implementation shall be reported to the workers' congress. In recent years, we have promoted the openness of factory affairs in public-owned enterprises, and also

Is a major issue for enterprises, especially those involving the legitimate rights and interests of employees and the integrity and self-discipline of enterprise leaders.

Open to all employees through various forms such as the workers' congress and accept the supervision of the masses. At present, over 80% of some provinces and cities are state-owned.

Enterprises have made factory affairs public. We strive to make factory affairs public in state-owned and collective enterprises in two or three years. we

We also adhere to the system of democratic appraisal of enterprise leaders by workers' congresses. At present, more than 340,000 units in China have established the system of workers' congress.

In recent years, most of these enterprises have carried out democratic appraisal of enterprise leaders. According to the results of democratic appraisal and investigation, some leaders

Tour guides were promoted and rewarded, while others were fired and demoted.

In accordance with the requirements of establishing a modern enterprise system, we are working hard to promote the establishment of employee representatives in wholly state-owned and state-holding companies.

Participate in the system of the board of directors and the board of supervisors. Over the past few years, most state-owned enterprise boards,

The board of supervisors has always been attended by employee representatives, who are basically the main leaders of enterprise trade unions. At the same time, we accumulate

Conduct training for staff directors and supervisors, and constantly improve their ability to participate in decision-making, management and supervision.

Employees of foreign-invested enterprises, private enterprises and other non-public enterprises are also masters of the country and mainly attend meetings.

Members' congresses and trade unions negotiate with enterprises on behalf of employees, and the chairman of the trade union attends office meetings of the board of directors and the general manager as nonvoting delegates.

And other ways to achieve democratic participation.

Three, care about the lives of workers in difficulty, and promote the reemployment of laid-off workers.

Caring for workers' lives and solving problems for workers is an important task for China trade unions to perform their maintenance functions, and it is also our advantage.

Good tradition. In various periods of socialist construction, trade unions at all levels mobilize and organize workers to carry forward the spirit of unity and friendship and carry out various activities.

Various forms of mutual assistance activities and various welfare undertakings have improved the working and living conditions of employees. At present, China.

The development of China is in a critical period, and the reform has entered a crucial stage. With the adjustment of economic structure and enterprise structure and technological progress

With the acceleration of industrial upgrading, the combination, merger, reorganization, bankruptcy and labor structure adjustment of enterprises are inevitable, some of which

The problem of laid-off workers is very prominent. The state attaches great importance to it and is taking active measures to solve it. Facing this shape

At present, the important task of trade unions at all levels is to assist the government to speed up the construction of social security system and promote the basic living security of laid-off workers.

Perfection and implementation of unemployment insurance and minimum living security system for urban residents. We give full play to our own advantages and develop workers' labor welfare.

Benefit the cause, speed up the pace of establishing a mutual assistance and cooperation guarantee system for employees, and form the working network and mechanism of send warm Project.

We put forward that the trade union is the "first responsible person" (the first insider, the first reporter and the first helper) to do a good job in poverty alleviation.

Workers work and try to help workers in trouble out of trouble. Many local and grass-roots trade unions have established files and archives for poor workers.

Warm project fund and leading cadres contact poor households system. During the New Year's Day and Spring Festival every year, trade unions at all levels will raise a lot of funds.

Visit enterprises and employees in difficulty. Trade unions help workers improve their re-employment ability, organize workers to start businesses collectively, and promote

Post workers are reemployed. At present, trade unions at all levels in China have established more than 1000 employment agencies, introducing nearly 400,000 people every year.

Post workers are reemployed. Workers' consumer cooperatives, housing cooperatives, mutual insurance and trade markets established by trade unions.

And has more than 650,000 employees. Only participate in employee mutual assistance and cooperation insurance

The number reached more than 20 million.

Four, strengthen the education of workers, and constantly improve the overall quality of workers.

Trade unions in China have always attached importance to improving the ideological and moral, scientific, cultural and technical qualities of workers. We widely carry out among employees.

Focusing on serving the people and focusing on professional ethics, we will create civilized industries, civilized enterprises and civilized teams and groups and build small employees.

Home and strive to be civilized workers and other activities; Safeguard and guarantee the workers' right to education according to law, and actively promote governments at all levels to resettle workers' employment.

Incorporate training into social and economic development planning, and urge employers to establish and improve vocational training system; Give full play to the advantages of trade unions,

Run trade union workers' schools at all levels, and strive to meet the learning needs of workers at different levels and positions. At present, the national * * *

There are more than 860 trade union workers' universities, technical secondary schools and workers' schools with nearly 450,000 students. National grass-roots trade unions established

There are more than 60,000 staff schools and classes. Trade unions organize employees to carry out self-study activities and encourage employees to become talents. near

In the past five years, * * * has 65.438+0.3 billion employees who have participated in various training and learning activities organized by trade unions, and these training and learning activities are organized by trade unions at or above the grassroots level.

There are 5 million graduates from various vocational schools, including all kinds of professional students who have obtained college education and technical secondary school education.

There are 300 thousand talents. There are 33,000 cultural palaces, clubs and libraries 1.9 million trade unions in China, and they participate in the cultural palaces every year.

The number of employees exceeds100000. The national trade union also has more than 2,300 sanatoriums, which provide medical rest for workers and model workers.

Support and other services.

Five, organize workers to carry out mass economic and technological activities, give full play to the main role of the working class.

Developing productive forces represents the fundamental interests and long-term interests of the working class. Only when production develops can the interests of workers be realized.

Now we have a solid foundation and reliable guarantee. Since the founding of New China, trade unions in China have extensively mobilized and organized workers to carry out in-depth work.

Socialist labor competition, rationalization proposal, technical innovation, technical cooperation, invention and creation, double increase and double festival, etc.

In economic and technological activities, a large number of advanced collectives, model workers and advanced workers have emerged. In recent years, trade unions in enterprises have adapted to the development of the situation.

Adapt to the requirements of the socialist market economy, solve the key and difficult problems that affect the development of enterprises, and help enterprises turn losses into profits.

Focusing on this activity has made outstanding contributions to promoting enterprise reform and development. Participate in all kinds of labor every year.

More than 67 million employees participated in the competition and put forward reasonable suggestions, with an annual economic benefit of more than 46 billion yuan. In order to launch and rely on

Rely on employees to promote technological progress and industrial upgrading of enterprises, and from this year, we will carry out extensive and in-depth work among the vast number of employees across the country.

Mass "economic and technological innovation project", and take this as the leading factor to drive all kinds of mass economic and technological activities to a new level.

Level.

Six, speed up the establishment of trade unions in new enterprises, and organize workers into trade unions to the maximum extent.

Since the reform and opening up, China's foreign-invested enterprises, private enterprises and township enterprises have developed rapidly and have many employees.

There is an urgent need to establish a trade union organization to safeguard the interests of workers. For many years, we have been committed to forming trade unions in newly-built enterprises.

Come to _ _ _ _ _ _ to perform an important task. Up to now, more than 230,000 trade unions for foreign investment, private enterprises and township enterprises have been established nationwide.

Covering more than 654.38+05 million employees. Nearly 30,000 townships and more than 4,000 streets have established trade union organizations, and foreign trade unions have been established in many places.

Trade unions of commercial investment enterprises, private enterprises and small enterprises. We strive to spend three to four years to put the vast

Most newly-built enterprises have established trade unions, and the vast majority of employees have organized into trade unions. At the same time, we will pay close attention to structural adjustment

Rebuild and consolidate trade union organizations in enterprises, strengthen the construction of trade unions in enterprise groups and institutions, and do a good job in cities, counties and townships.

Trade union construction in towns, streets, economic and technological development zones and high-tech parks.

Generally speaking, the trade unions in China have the following main characteristics: First, their status is high. The working class in China belongs to the state.

The leadership. As a mass organization of the working class, China trade unions are concerned about the political, economic and social life of the country.

Important position, playing an irreplaceable role. Wei Jianxing, chairman of the All-China Federation of Trade Unions, is a member of the Standing Committee of the Political Bureau of the Central Committee.

Secretary of the Secretariat, 15 Chairman of the provincial trade union, and many municipal trade union leaders are members of the Standing Committee of the Party Committee at the same level or vice-chairmen of NPC and CPPCC.

Post, the chairman of the state-owned enterprise trade union is generally a member of the enterprise leadership team, participating in the discussion of state affairs for the trade union and safeguarding the legitimate rights and interests of employees.

Benefits provide favorable conditions. Second, there are legal and policy guarantees. 1950, shortly after the founding of New China, the Trade Union Law was promulgated.

The first batch of laws were promulgated and implemented. The new trade union law promulgated by 1992 gives trade unions broader rights. labour

Law, Enterprise Law and other relevant national laws and regulations have made corresponding provisions on the rights and obligations of trade unions. Third, there is

Unified and stable trade union organization system. From the whole country to provinces, prefectures (cities), counties, towns and streets to grass-roots enterprises and institutions, all of them

There is a relatively sound trade union organization, which is the most solid working foundation of China's trade unions and has relatively strong cohesion and combat effectiveness.

Fourth, the number of members is large. As the largest trade union organization in the world today, China's trade unions have more than 654.38 billion members and organizations.

The rate is also relatively high. Fifth, trade union funds are guaranteed. According to Chinese law, 2% of the total wages of enterprises and institutions.

It is the main source of funds for trade unions at all levels to carry out activities. At the same time, the continuous development of workers' labor welfare is also carried out for trade unions.

Activities provide a material basis. Sixth, there are _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Although the trade union work in China has achieved good results, there are still some problems. Mainly trade unions safeguard the legitimate rights and interests of workers,

Close contact with the masses of workers is not satisfactory, and the work needs to be further strengthened; Organizational system, operation mechanism and activities

Power model, cadre quality, etc. It does not meet the requirements of developing socialist market economy and the needs of its own reform and construction pace.

Speed up; Theoretical and policy research work is still relatively weak and needs to be further strengthened.

At present, the world is undergoing major and profound changes, with rapid scientific and technological progress and further development of economic globalization.

With the increasingly fierce competition of comprehensive national strength, we are faced with both rare development opportunities and severe challenges. Looking back,

We have made gratifying achievements. Facing the future, we have a long way to go. Facing the new situation and tasks, the meeting was held at the end of last year.

The Second Plenary Session of the 13th CPC Central Committee proposed that trade union work should be integrated into the overall work of the party and the state.

Focus on economic construction and realize the deployment of "five breakthroughs and one strengthening" in trade union work. This is: in-depth implementation.

Send warm Project has made a new breakthrough in undertaking the responsibility of the first responsible person for the extremely poor workers. Promoting equal consultation and collective.

There has been a new breakthrough in the contract system; Adhere to and improve the democratic management system of enterprises with the workers' congress as the basic form

Degree, the implementation of factory affairs publicity and democratic appraisal of enterprise leaders have made new breakthroughs; In promoting state-owned sole proprietorship and state-owned holding.

There has been a new breakthrough in the work of the board of directors and the board of supervisors of the company with the participation of employee representatives; Accelerate the formation of trade unions in new enterprises

We have made a new breakthrough in our work; Strengthen the self-construction of trade unions in the spirit of reform, and seriously solve the organization and mechanism problems of trade union leading organs.

Outstanding problems such as system and cadre quality that do not meet the requirements of the situation and tasks. In the process of realizing "five breakthroughs and one strengthening",

There is a lot of ideological and political work to be done. It is necessary to do a good job in depth and in detail in view of the development of the objective situation and the changes in the workforce.

Ideological and political work, and constantly improve the ideological and moral and scientific and cultural quality of workers. We should mobilize the workers to protect them.

Better organize and attract the enthusiasm of mass economic and technological innovation activities, such as labor competition, rational suggestions and technological innovation.

In the past, with new ideas, new ideas and new measures, an upsurge of promoting economic and technological innovation in enterprises was set off.

Technological progress and industrial upgrading, do a good job in the reform and development of state-owned enterprises, and give full play to the great creativity of the working class in China.

Quantity. At present, trade unions must be good at mobilizing and organizing workers to do a good job in democratic supervision and supervision according to law if they want to implement the work of safeguarding rights.

Supervision, through various ways and channels to ensure the effectiveness of democratic supervision. To implement democratic supervision of workers, we must implement two.

The requirement of maintaining unity involves the supervision of the specific interests of employees and affects the supervision of the interests of enterprises and the state.

Combination. This is a very important task for the trade union.

Looking forward to the future of China, we are full of infinite hopes. We have reason to believe that under the leadership of China's * * * production party, China.

Trade unions will be able to shoulder the historical mission, bravely shoulder the burden of the times, unite, educate and mobilize the broad masses of workers, and build China.

Push the great cause of Socialism with Chinese characteristics into the 2nd/Kloc-0th century in an all-round way and play a greater role.

Outline:

1, the current situation of trade unions in China.

2. New problems of trade unions

(1) Define the subject of labor relations.

(2) The types of labor relations are diversified.

(3) The operation of labor relations is initially marketized and contracted.

(4) The contradiction of labor relations is prominent and complicated.

In recent years, China's trade unions have done a lot of work, mainly focusing on the following aspects and solutions.

First, promote enterprises to establish equal consultation and collective contract system and establish stable and coordinated labor relations.

Two, organize and represent workers to participate in democratic management and democratic supervision, and safeguard the legitimate rights and interests of workers from the source.

Three, care about the lives of workers in difficulty, and promote the reemployment of laid-off workers.

Four, strengthen the education of workers, and constantly improve the overall quality of workers.

Five, organize workers to carry out mass economic and technological activities, give full play to the main role of the working class.

Six, speed up the establishment of trade unions in new enterprises, and organize workers into trade unions to the maximum extent.

4 prospect summary