The Study Of Labor Conflict And Its Resolution Mechanism In The Transformation Of Enterprises

With the deepening of reform and opening-up, in line with the principles of "clearly established property right ownership, well defined rights and responsibilities, separation of enterprises from government and scientific management", Chinese government reforms state-owned large enterprises property rights system, reorganizes their assets and establishes a modern enterprise system so as to enable these enterprises to turn into corporate entities and competitors adopting to market. State-owned small and medium enterprises (including collective enterprises) improve competitiveness and efficiency though annexation, reorganizations and bankruptcy. Chinese economical reform has brought major changes in ownership structure and triggered labor relations from relative simple to wide variety, complex and diversity.However, new business organizations appear in great numbers so that property right relations, labor relations and distribution relations changes significantly. The rights and status between workers and manager also changes. The income gaps becomes wider and wider. The workers lay off or are unemployed or are bought outright. The relationship between workers and business owners, managers or their representatives grow apart in idea, emotion and psychology. The labor-management conflicts even collisions occur frequently.During the enterprise restructuring, the workers’status changing, calculate economic compensation and so on that are against workers’interest and causes discontent of the workers. The workers resort to block factory and road, sit in and appeal to the higher authorities for help to save their rights collectively. The forms of labor-management conflicts and collisions are various and sometimes intensifying. Why? The reasons are mainly enterprise restructuring, bankruptcy causing their interest imbalance, the rules of restructuring not standardized, programs not clarity. What is more, government officers and business executives is corruption; the labor consultation and negotiating system lacks equality; asymmetric information exists between employers and employees; communication channels are unblocked, workers lack means of expressing interest demand; business leaders and government officers’working methods misconduct, which aggravates the contradictions. In the dealing with labor conflicts, because of labor legislation imperfect, failure to abide by the law causes the labor conflicts and collisions to grow in intensity. Employees’ideas updating slowly and huge mental stress cause labor labor-management conflicts.As the national legal advocacy group, Labor Union is administration-oriented. In the building harmonious labor relations, Labor Union does not play its important role of participation, communication and coordination and promoting ties. It not only have to do with the union’s working external environment, but also with inner factors of function orientation inaccurate, coverage of union organizations insufficient, preserving workers’rights which is not strong. Public security organs and policemen play an aggressive role in maintaining social stability, resolving conflicts, combating illegal and criminal acts,but in dealing with worker appealing for help and other issues, due to the impacts of awareness of government officers excessively holding stability, they also take a number of ways and means,which workers can not accept, causing dissatisfaction of workers. In the process of handling and resolving labor-management conflicts, government and its functional departments, on the one hand, use the power of the law playing its due role. On the other hand, there exists "dislocate" "offside" and "defaulted" phenomenon and also something wrong with the ways and means of solving conflicts. As the mouthpiece of the party and the masses, the news media is the bridge of contacting the party and the masses. It has played an increasingly important role in promoting Party’s principles, policies, educating the masses, safeguarding the interests of the country and the people, and supervising work of the government. However, due to various reasons, the news media’s role is limited. It will also fall all into the powerless and helpless situation when maintenance of the party, the state and people’s interests.Labor conflicts and confrontations are a normal social phenomenon, Proper positioning of the labor dispute relates to whether the solution is reasonable or not. To establish a sound mechanism for interest expression, negotiation mechanisms and channels of communication affects the resolution of labor conflicts, The rule of law degree not only affects people’s fear and conflict to the law, but also relates to whether the settlement of labor conflicts is legal or not; the government and its functional departments as an impartial third party is the key to resolving the conflicts.