How To Safeguard The Legitimate Rights And Interests Of Workers?

* basic duties of trade unions

The basic duty of trade unions is to safeguard the legitimate rights and interests of workers.

The revised Trade Union Law clearly stipulates: "the interests of the all China Federation of trade unions and their trade union organizations represent the interests of the workers and workers, and safeguard the legitimate rights and interests of workers". "Safeguarding the legitimate rights and interests of workers is the basic duty of the trade union".

Safeguarding the legitimate rights and interests of workers as the basic duties of trade unions is determined by the nature of trade union organizations.

Under the socialist system, the working class is the leading class of the country.

The working class is consistent with the fundamental interests of the whole nation.

However, because there are differences and contradictions in the specific interests of different social strata, because there are bureaucratism and corruption in the social management organs, especially with the establishment and development of the socialist market economic system, China's multi ownership economy develops together, and the economic relations and labor relations are becoming more and more complex and diversified. The interests of the state, enterprises and employees between the three have been further clarified.

Therefore, in the new situation, the trade union must further highlight its maintenance functions, while safeguarding the overall interests of the whole nation, and better safeguard the legitimate rights and interests of workers.

What are the legitimate rights and interests of trade unions?

The trade unions safeguard the legitimate rights and interests of workers mainly includes two major aspects: first, safeguarding the rights and interests of workers, including the right to employment, the right to obtain remuneration for labor, the right to labor protection and social security, the right to rest and leave, etc. Two, the safeguarding of the rights of the workers, mainly refers to the right to safeguard workers' democratic management, democratic participation and democratic supervision in accordance with the law.

Two main mechanisms and means for trade unions to safeguard workers' legitimate rights and interests and coordinate labor relations.

According to the provisions of the trade union act, under the socialist market economy, there are two main mechanisms and means for trade unions to coordinate labor relations and safeguard the legitimate rights and interests of workers. One is the system of equal consultation and collective contracts; the two is the system of workers' Congress.

The system of equal consultation and collective contract refers to the degree of equality between trade unions and enterprises and institutions on labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits and other matters, and the conclusion of collective contracts on the basis of consensus.

The system of workers' Congress refers to the democratic election of workers and staff members in enterprises and public institutions. They represent their employees in the democratic management of enterprises and institutions in accordance with certain organizational forms and ways.

The staff congress system is a system widely practised by our state-owned enterprises and institutions. It is a basic form for our employees to participate in democratic decision-making, democratic management and democratic supervision of enterprises and institutions.

The main role of equal consultation and collective contract system

(1) it is an important means to safeguard the legitimate rights and interests of workers.

Under the condition of socialist market economy, the state no longer directly intervened in the establishment of labor relations, but was decided by employers and workers through consultation.

Because the laborers are in a weak position in the labor relations, the law gives the trade unions the right to represent the laborers on equal consultation so as to enable workers and employers to get a certain degree of equality in their status, thus helping workers to fight for their due benefits.

(2) the socialist market economy is, in a sense, a legal economy. However, the law often stipulates the minimum standard, but in different regions, different enterprises and different posts, the specific situation of economic relations and labor relations is different.

The establishment of an equal consultation and collective contract system can be carried out on an equal footing with regard to specific situations and problems in different labor relations of enterprises, which is conducive to solving problems in labor relations in a timely manner.

(3) an equal consultation and collective contract system is an important guarantee for stabilizing the labor relations and promoting the development of enterprises.

Through equal consultation and collective contracts, employees' opinions and requirements can be reflected in time, and reasonable solutions can be found to prevent disputes and avoid intensification of contradictions.

When disputes arise, the spontaneous and disorderly conflicts between employees and enterprises can be changed into orderly consultation and coordination according to law, so as to ensure the harmony and stability of labor relations.

The collective contract system is also an important means to establish modern enterprise system and realize scientific decision and scientific management.

The core of the collective contract system is the sharing of interests and risk sharing. It can closely link the vital interests of the staff with the business conditions of the enterprise, help mobilize the enthusiasm of the staff, enhance the vitality and cohesion of the enterprise, and improve the management level and economic efficiency of the enterprise.

Basic principles for signing collective contracts

The signing of collective contracts must follow the following basic principles:

(1) the principle of legality

First of all, the main qualification of both parties should be legal.

Second, it is lawful to sign collective contracts.

That is, the parties should comply with the law in all aspects of the drafting, consultation, signature, registration and publication of collective contracts.

Thirdly, the contents of collective contracts should be legal.

That is, the terms of a collective contract must conform to the provisions of relevant laws and regulations, and must not harm national interests and public interests.

(2) the principle of equal status of the litigants

The parties to a collective contract are equal in the activities of signing collective contracts.

(3) consensus principle

A collective contract is the expression of the agreement between the parties. It is an agreement reached after each party has fully expressed their views and has reached consensus through consultation.

Consultation is the basis for signing collective contracts, and consensus is the prerequisite for signing collective contracts.

The use of fraud and other means to impose one party's will on the other side is invalid.

(4) principle of consistency of rights and obligations

In collective contracts, both parties must bear corresponding obligations while enjoying certain rights.

Neither party can only enjoy its rights without assuming its obligations.

(5) developing the socialist market economy by taking into account the principles of the three interests of the state, enterprises and individuals. Although the interests and patterns between the three countries, enterprises and individuals are becoming more and more clear, the fundamental interests of the whole nation are still the same.

From the perspective of enterprises, although there are contradictions and differences between enterprises and employees in specific interest relations, the interests of enterprises can only be realized by the efforts and struggles of the broad masses of workers, and only by the development of enterprises can the interests of workers be better protected.

Therefore, in the process of equal consultation and signing collective contracts, the trade unions must adhere to the principle of "two maintenance" and pay attention to the interests of three aspects, namely, state, enterprise and individual. We must strive to win and safeguard the rights and interests of the workers and staff, and also insist on proceeding from the reality of enterprises and not making unrealistic demands on enterprises.

Main contents of collective contracts

The collective contract should include the following main contents: labor remuneration, working hours, rest and vacation, insurance benefits, labor safety and health; contract term; conditions and procedures for changing, terminating and terminating collective contracts; obligations of both parties to fulfill collective contracts; the agreement to deal with disputes in the execution of collective contracts; liability for breach of contract; other contents agreed by the two parties that should be negotiated.

How to deal with disputes arising from the signing and fulfilling of collective contracts

If a dispute arises from the signing of a collective contract, the parties concerned can not resolve it through their own negotiation. One party or both parties may submit a written application to the labor dispute coordination processing authority of the labor administrative department, and the labor administrative department shall organize the parties concerned to coordinate their handling.

The labor administrative department shall settle the dispute arising from the signing of a collective contract, and shall conclude within 30 days from the date of its decision.

When the dispute is complex or the objective cause needs to be postponed, the extension shall not exceed 15 days.

To deal with disputes arising from the signing of collective contracts, the parties shall appoint 3 to 10 representatives and 1 chief representatives.

The way in which the representative is produced shall be handled according to the regulations, and the enterprise shall not terminate the labor relations with the staff representatives during this period.

The two sides of the dispute and their representatives should truthfully provide relevant information and materials.

The trade union at or above the county level shall take part in the dispute coordination handling organ of the same class collective contract, settle disputes in a timely and fair manner, and supervise the implementation of the "coordinated processing agreement".

The trade union representatives shall consult with the enterprises to resolve the disputes arising from the performance of the collective contracts.

If negotiations fail to be settled, they may apply to the local labor dispute arbitration committee for arbitration.

If the ruling of the Arbitration Commission is not satisfied, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.

The importance and necessity of upholding and improving the staff congress system

It is of great significance to uphold and improve the staff congress system.

First of all, it is the requirement for the party to wholeheartedly rely on the fundamental guiding principles of the working class, an important embodiment of the leadership position of the working class in China, and an important part of the construction of socialist democratic politics in China.

Secondly, it embodies the objective requirement of modern mass production.

We should organize and guide workers to participate in democratic decision-making, democratic management and democratic supervision of enterprises and institutions through the form of workers' congresses, etc., and we can focus on the wisdom and strength of the broad masses of workers and staff members, promote the scientific and democratic decision-making of enterprises, enhance the cohesiveness of enterprises, and mobilize the enthusiasm, initiative and creativity of workers.

Thirdly, it is an important way to promote enterprises to establish stable and harmonious labor relations.

In the new situation, we must strengthen the democratic decision-making, democratic management and democratic supervision of workers in order to promote the coordination and stability of labor relations and create a favorable environment and conditions for the development of enterprises.

Only through extensive participation of employees can all the major decisions of enterprises be widely listened to and absorbed by the staff's opinions and suggestions, in order to promote mutual understanding and communication between workers and enterprises, so that all major decisions of enterprises can be supported by the masses of workers and staff members, so as to effectively resolve contradictions in labor relations and lay a good mass foundation for the development of enterprises.

The main form of democratic management in Chinese Enterprises

According to the provisions of China's constitution and a series of relevant laws and regulations, the most important form of democratic management of workers is the staff congress system. This is the basic form of our staff participation in democratic decision-making, democratic management and democratic supervision of various affairs of enterprises and institutions.

At the same time, in the light of the development and changes of the situation, we should actively explore and promote the system of equal consultation and collective contracts, the system of directors and staff supervisors, the open system of factory affairs, and the democratic appraisal of cadres system in practice, so as to create conditions for the workers and staff members to better exercise their democratic management rights under new conditions.

In non-public enterprises, workers can also participate in democratic participation and democratic supervision of all affairs of enterprises through various forms such as equal consultation with enterprises, collective contracts, convening labour talks and rationalization proposals.