Constructing Harmonious Labor Relations Is The Key To Rule By Law.

In recent years, China's economy has been developing at a sustained and rapid pace. However, the contradiction between labor and capital has been increasing year by year, and labor disputes have been greatly increased.

According to people's daily,

The two level court heard 1428 cases of labor disputes in 2010, and 3321 cases were accepted in 2014 only 1-10 months, an increase of nearly two times.

Labor disputes are basically caused by the violation of the rights of laborers. The contentious content involves more than 10 types: paying labor remuneration, overtime wages, relieving labor contract economic compensation or compensation, double wages, compensation for work-related injuries, confirmation of labor relations, social insurance compensation, loss of compensation for archives pfer, restriction of competition and confirmation of invalid labor contracts.

The reasons for the frequent occurrence of labor disputes are complex.

The relative capital owners of laborers are always in a weak position.

Although the number of capital owners and managers is small, they are at the top level of production relations, controlling the whole process of production, exchange and distribution. While the number of workers is numerous, they are at the bottom of production relations and controlled by capital owners and managers.

Therefore, in reality, employers usually infringe upon the rights and interests of workers, and less of them infringe upon employers.

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From the basic requirements of the market economy, the harmonious labor relations are based on the relative balance of labor and capital strength.

If a laborer is in a weak position, if he wants to compete with the powerful capital, he needs the intervention of public power.

In addition, capital controls most resources and occupies a leading position in a market economy society. In order to ensure that it can not act recklessly, it must also be restricted by public power.

In the fourth Plenary Session of the 18th CPC Central Committee, it pointed out that "the socialist market economy is essentially a rule of law economy", which embodies the spirit of balancing labor and capital with the power of law.

China's labor law and the labor contract law stipulate the rights and obligations of workers, employers, labor administrative departments, trade unions and other parties involved in labor relations, but in the legal practice, the parties do not perform their rights and obligations well.

The law has imposed many restrictions on the employing units, and even formulated "the workers who have not worked with the workers for more than one month after the day of their own employment have signed a written labor contract."

The clause that pays two times wages raises the cost of breaking the law.

But it is undeniable that at present, the cost of law-abiding units is still higher than the cost of illegal activities, resulting in some strange phenomena of employing units to knowingly break the law.

According to the person in charge of a private enterprise, "from the aspect of enterprise cost, it is cost-effective to not give employees social security.

If they choose to protect their rights, they will only make up the money if they choose to succeed. If they choose silence, they will not have to pay the money.

But if we hand in social security from the very beginning, enterprises will be very uneconomical.

At the other end of the scale, the laborers through legal rights protection procedures are cumbersome, time-consuming and energy consuming, especially when the infringed interests are small. Even if the rights protection is successful, they can only get less compensation, which makes many workers can only hope "law" to sigh.

The separation of powers and responsibilities of the labor administrative departments is another important reason.

The labor administrative department, which plays a key role, has great enforcement power and supervisory power. However, the relative responsibility should only be borne by a "labor administrative department and other relevant competent departments and their staff members who neglect their duties, fail to perform their statutory duties, or illegally exercise their functions and powers, thereby causing damage to the employers or employers. They shall be liable for compensation; the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; if a crime is constituted, they shall be investigated for criminal responsibility according to law."

It is not easy to operate in a single way, especially in the environment of "people telling officials to go to heaven". The legal responsibility of labor administrative departments is harder to be investigated.

Faced with the phenomena of arrears of wages and social security in the society, the labor administrative departments did not play a good role in inspection and supervision, and objectively created a "hidden rule" environment which was not conducive to workers. Most workers could only choose to whine or swallow.

As an important party related to labor relations, the labor union's "mother family" - the trade union lacks strong legal measures in supervising the employing units' performance of labor contracts and safeguarding the legitimate rights and interests of workers. When employees are bullied, they are not supported by the power given by law, and are often subjected to various constraints, so that they can not effectively and effectively intervene in safeguarding their rights and interests, and sometimes even difficult to make their own voice.

"The decree is governed by the state and the law is the national chaos."

Behind the chaos of labor relations is that the relevant laws are not perfect and not scientific enough. The parties concerned do not really have "laws to follow, laws must be followed, laws must be investigated, and law enforcement must be strict".

However, to build a harmonious labor relationship, we must rely on improving the rule of law, regulating the behavior of all sides by law, and truly embody the spirit of "rule of law economy".

In the fourth Plenary Session of the 18th CPC Central Committee, the clarion call for comprehensively promoting the rule of law has been sounded.