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The Research On Social Coordination Mechanisms Of The Labor Relations Of China

Posted on:2015-01-30Degree:DoctorType:Dissertation
Country:ChinaCandidate:T C XieFull Text:PDF
GTID:1266330431450323Subject:Economic Law
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There are three coordination mechanisms of the labor relations, including the government mechanism, the social mechanism and the market mechanism. The government mechanism plays an important role with the means of labor legislation, administrative supervision and so on, but it can’t directly protect the rights of each laborer and can’t require the employer give extra rights and interests to the employees on the bottom line of laws and regulations. It has its own interests with the North Paradox, and moreover, it may do harm to the labor relations when driven by interests and lack of capacity. The market mechanism is prone to disorder with the well-known limits and causes unbearable damage to the disadvantaged laborers, they will face huge risk of labor rights and interests damaged while the social distribution share has declined gradually. The social mechanism respects the rights of unity, the rights of democracy and the independency of coordination under the guidance of the economic democracy and the social coordination, the labor relations supervised by all the social forces are made as the most basic economic relations, which can promote the employers and the employees can think over with their respective positions and promote the efficiency and fairness of labor and the harmonious development.What is the social coordination mechanism of the labor relations? Although it is often mentioned in the existing research, it’s not yet defined perfectly. It is a mechanism taken shape when the non-governmental and non-individual bodies act directly upon the labor relations. The primary components of the social coordination mechanism are the coordination activities conducted by the labor group, the pressure group, the volunteer group, the protest group and the social elites; its legislative basis can be found in the constitution, the labor law and the international law. From the practice of some developed countries, it’s the normal and the most important mechanism which a country coordinates its labor relations, and it’s also the most effective mechanism which can protect the labor’s rights and interests.At the present time, there are many aspects of disharmony in our country’s labor relations. It’s quite sharp in which the social distribution share has declined for more than20years, the labor and social security is always at a low level, the principles of equal employment, equal pay and decent work are trampled down, the labor’s feeling of deprivation is much stronger, and the abnormal collective action known as the collective labor dispute occurs frequently, some of which often lead to serious consequences, touch sensitive social nerves and the psychological bottomline of the public. In this regard, the government coordinates and tackles with a lot of resources to make the labor relations run beneficially, putting an emphasis on laborer’s rights protection with the basis of the labor contract regulations, suing those employers who have bad records with the default on the pay, hope the labor relations can run in the benign orbit, but it’s still difficult to achieve the satisfactory results. From the perspective of labor relations coordination, the reasons why the relations between employers and employees are so tense and the contradictions are so common are that the labor unions representing the labor force haven’t played a vital role, the laborers haven’t got a high position in the companies’democratic management, and other social organizations are largely prevented from coordinating which means that the social mechanism hasn’t fully worked.The social mechanism is very common in the developed countries, which can be divided into three types, including the Anglo-Saxon model in the US and the UK, the Rhine model in Germany and France and the Northeast Asia model in South Korea and Japan. On the whole, the Anglo-Saxon model puts an emphasis on the market coordination, the autonomous negotiations between employers and employees, and the social organizations act indirectly with pressure upon the labor relations. The Rhine model establishes a more complete and detailed labor security system within the framework of political power and the labor relations are acted directly upon by the social groups, such as the labor unions, the employers’organizations and the consumer organizations and so on. As a typical example of state capitalism, the Northeast Asia model in South Korea and Japan is based on political and social democracy and oriented by the government. Combining with the country’s politics, economy, culture, history and folklore, the practice of the social mechanism can only be used for reference but not copied by other countries.The overall idea of our country’s development of the social mechanism is to nurture, develop and improve the status of it in the coordination mechanism of labor relations. As the starting and key point, system deregulation and innovation will help the social mechanism grow harmoniously under the leadership of the CCP and the government. To develop within the scope of control, it’s necessary to deal with three relations inside the social mechanism, which are the movement-oriented and organized mechanism, the labor-led and capital-led mechanism, and the internal and external mechanism. In the system building process, it’s significant to perfect the laborer’s democratic system, the collective bargaining system, the social responsibility movement system, the social mediation system and so on. Transitional regulations are needed during the interim period and the social mechanism will be finally built with multiple interaction, democratic rationality and autonomous negotiation.The topic of this thesis is that the social mechanism is the most important means to protect the laborer’rights and promote the fair and equal distribution. Inside the mechanism, there are different relations including the movement-oriented and organized mechanism encouraging each other, the internal and external mechanism relying on each other, and the labor-led and capital-led mechanism competing each other, which affect the development of social coordination mechanism as a whole and affect the legislative policy on the laborer’s democracy, the collective bargaining, the social responsibility movement, the social mediation and so on.
Keywords/Search Tags:the Labor Relations, the Social Coordination Mechanism, CollectiveBargaining, the Laborer’s Democracy, the Social Responsibility Movement, the SocialMediation
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