Research On Labor Rule Of Law In Enterprise Labor Relationship Management

Enterprise labor relationship management is the main content of enterprise human resource management,and its connotation is closely related to the development of human resource management "humanism" concept and system.The rule of law of labor is in line with international human rights conventions,international labor standards and the principle of the value of China's labor law.It can promote the equal game of labor and capital,equitable sharing,distribution of justice,and the legal operation and social order that can balance fairness and efficiency.In view of the fact that enterprise labor relationship management is the main form of capital exercise of economic freedom,management rights and employment autonomy,and labor,labor relations,labor rights(labor rights)are inseparable,this paper is based on labor balance and distribution.Based on the values of labor and capital balance,distribution justice,fairness and harmony,this paper determines and studies the labor law rule in the labor relationship management of enterprises.It is discussion problem which based on the balance of labor and capital,that the labor relations management of enterprises whether should accept labor law intervention and adjustment or not.The issue of labor rule of law in the perspective of labor relations management in China has the commonality and universality of the market economy countries,as well as the individuality and particularity of the Chinese problem: the macro level,the concept,system and mechanism of the labor law(in the sense of market economy)Compared with the economic system reform,the transition to the market economy and the lag of development;in the Mesoscopic perspective,the performance of the labor relations management and the development of the rule of labor,or even the formation of the problem of the rule of law,value objectives;micro level,expressed as Most of the labor-management relations in enterprises are unbalanced.The fairness and harmony of labor-management relations are low,rights disputes are frequent,and interest disputes are more difficult to resolve.Specifically,the research background and problem orientation of labor law in enterprise labor relationship management are mainly reflected in the following two aspects: First,in the case of serious lags in the labor law of market economy and lack of function,the development of advanced and one-sided The state's "advanced management experience" in the relationship between labor and employment.Second,in the absence of effective labor law constraints and lack of labor law constraints,the enterprise employment model has been scientifically,market-oriented,and modernized one step ahead,while social justice has been neglected in labor and economic policy implementation.In the implementation of labor and economic policies,the consideration of social justice and the interests of the bottom workers is ignored.The labor-management relationship at the enterprise level is thus significantly unbalanced and distorted,forming deep-seated,structural,universal,and persistent social contradictions and conflicts.The economic freedom and property rights of the employers,and the economic freedom and labor rights of the laborers,how to balance the allocation,equal governance,fair sharing,the distribution of justice,the structure and the "corporate polity" and "operational mode" are target in this paper.This article takes "the scope and problem overview —— the commonality and universality of market economy countries —— the value theory and methodology of solving common problems —— the particularity of China's related issues —— the specific problems of the legal system ".The first chapter studies the related concepts,theoretical basis and labor law of labor relations management and labor law.Based on the values of labor balance,distribution justice,fairness and harmony,this paper determines and studies whether the principles and spirit of labor law in enterprise labor relations management can be realized,whether the basic rights of laborers can be fully guaranteed,and whether the purpose rights should be passed or not.The realization of instrumental rights,how to achieve a relatively balanced game and cooperation between employers and employees through institutional arrangements and mechanisms,and thus achieve labor law and justice,labor relations,fairness and harmony and other labor law issues.This chapter summarizes the macro and micro issues of the current labor relations management labor rule of the enterprise,and briefly introduces the global general issues and China's special issues.The second chapter is the interactive relationship between labor relations management and labor rule of law,and it is the discussion of the rule of labor rule of law and the law of order evolution of enterprise labor relationship management.This part studies the historical process of labor relations management of enterprises and the legalization of labor and the related logic.The labor management and adjustment process in developed countries,competition,mutual compromise,and economic efficiency value are the three stages.From enterprise management and rule of law competition and interaction to integration,they have experienced employers and trade union adjustments,and then the current labor and management Adjustment.The important enlightenment of the labor-management interaction process in developed countries is that labor law-based intervention is necessary and staged.Enterprise labor relationship management is essentially capital-led internal marketization.The “individualized” development of enterprise labor relationship management in developed countries is just right.It confirms the need for its “re-rule of law”.The third chapter is the general institutional arrangement and legal logic of enterprise labor rule of law.It is the methodological and main system of the relevant market economy countries to solve related problems.To study the institutional arrangement and logic of labor rule-based labor relations in enterprises: First,the labor-equity cooperation,the value objective of labor-quality balance,and the legal logic of property rights and labor rights,labor-management cooperation.Second,the relationship structure.The enterprise management rights,employment autonomy,and human resources management rights of mature countries in the market economy are forced to form an associated relationship with collective labor rights and collective labor relations.Enterprise labor relationship management and collective labor rights,labor law gradually formed a correlation and correspondence.Third,the institutional demand.It mainly includes: 1.The institutional demand of labor distribution justice.2.Institutional needs for corporate competition under economic globalization.Fourth,the institutional arrangements mainly include: 1.The concept and system of collective management of labor and capital.2.The basic labor rights guarantee of "rigidity" is combined with the rational compromise mechanism of capital.3.The rights and institutional guarantees of the "Sword of Damocles" in capital management.4.Institutional arrangements that balance social protection with economic promotion.The fourth chapter is about the labor law of the labor relations management in China.Investigate the development history,implementation status,legal framework and relationship of labor relations management and labor rule of law in China,and compare the particularity of China's problems,including the origin of problems and the nature of problems,and empirical research.First of all,the status quo of labor law at the enterprise level finds that the fairness and justice of enterprise labor relationship management are closely related to the "system" and corporate culture.Second is the analysis of the institutional background of the labor law in China.In terms of historical development,there is a dislocation between the labor relations management of enterprises and the rule of labor;in terms of theoretical development,the theory of labor law is relatively lagging behind.After that,it focuses on the labor rule of law in the labor relationship management of Chinese enterprises: 1.With the transition from the planned economic system to the socialist market economic system,the transformation of enterprise labor relationship management.2.In the process of the transformation of the rule of law society in China,the problem of the institutional conditions of enterprise labor rule of law,that is,the problem of the control of the father of the labor law.3.The problem of labor imbalance under government mercantilism.Due to the relief of federalism and mercantilism by local governments,labor relations have formed a poor balance of “the government imposes heavy burdens and the profits of the employers squeeze wages”.The special problems of labor relations in labor relations management in Chinese enterprises are closely related to the transformation of labor-management relations in the process of market economy and the rule of law society,as well as the concept of labor rule of law and the role of government.The fifth chapter is the legal issue of labor management in Chinese enterprises.This chapter analyzes the relevant legislation,legal implementation status,system defects and institutional requirements of enterprise labor management.First of all,it sorts out the provisions of labor relations management in China's current labor legislation and corporate legislation,and points out the legislative loopholes in its existence.Secondly,it analyzes the status quo of legal implementation of labor management in enterprises,including labor standard management,social security management,and labor contract management.Secondly,it studies the institutional requirements in the legal system of enterprise management.Mainly from the following aspects: First,the rationality review of corporate rules and regulations.Second,the regulation of corporate disciplinary power and the institutional needs of workers' right to relief.Third,reasonable regulation of labor standard management.Finally,it studies the problems of trade unions and labor security supervision institutions in the supervision and implementation of enterprise labor relations management,and discusses their needs for improvement.The sixth chapter is the legal issue of labor-management cooperation management in China.This chapter studies the specific institutional defects in the management of labor-management cooperation,the realization of the "four powers of labor" and the concept of labor rule of law,institutional environmental problems and institutional needs from the perspective of promoting labor-management cooperation,balance,fairness and freedom.First,it explores the legislative issues of the democratic participation system of laborers,as well as the rule of law and implementation principles for the substantive implementation of the system.Second,analyze the function of the trade unions in the management of enterprises,as well as the institutional needs for the establishment and implementation of instrumental rights and the representative system of workers.Third,it is necessary to study the integration of labor and capital and the concept of labor-management cooperation in the management of labor relations in enterprises.Fourthly,it analyzes the conflicts and connections between China's enterprise law and labor law in labor protection regulations,and the lack of standardization of trade union system and democratic management system in China's enterprise law.The seventh chapter is the rule of labor in the labor relations management of enterprises.This chapter discusses the relationship between labor relations management and labor law regulation in general,and discusses the direction and method of legal reform of labor rule of labor relations in enterprises.First,it discusses the balance,rule of law,concept and goal of the labor relations of enterprises.Second,the system and rights of labor law and enterprise law are connected,and the legislative experience of enterprises outside the domain is used to study the conflicts and connections between enterprise law and labor law in the overall system and value orientation.Third,analyze the applicable limits of paternalistic control,the jurisprudence and reality of public and private law coordination,the distinction between state responsibility and corporate responsibility,and try to achieve the balance between labor protection and enterprise development through the adjustment of the above institutional concepts and mutual connection and cooperation..Fourth,it elaborates on the improvement of the specific institutional conditions of labor rule of law,including the guarantee mechanism of laborers' basic rights and interests,the concept of labor-management justice,the pressure mechanism of capital compromise,and the improvement of labor market bargaining power.The main findings of this paper are as follows: First,in the organizational system and production process,labor rights and capital property rights are a pair of coupled and symmetrical cooperative relations.The balance between the two is in line with human rights,the rule of law society and the competitive development of enterprises.Institutional needs.Second,during the transition period of economic system and rule of law society,the “unilateralism” of enterprise labor relationship management is an important reason for the contradiction of micro-labor relations.Third,the labor law paternalistic control will promote the employment management practice based on the "reverse incentives" of capital profit-seeking,and exacerbate the deviation of labor relations management and labor rule of law.Fourth,the rigid guarantee of labor rights,the rational exertion of public power,the rational cooperation consciousness within the enterprise and the effective capital compromise concession mechanism are the institutional requirements for the legalization of labor relations management in China's enterprises.The main recommendations of this paper are as follows: First,China's labor relations law should be a legal structure that combines human rights and property rights.The reform of labor law should be based on the perspective of labor-management cooperation and harmony,balanced development,and appropriate consideration of labor protection and enterprise economic development.Secondly,improve the reasonable connection between labor law and enterprise law,promote the balance between labor law regulation and autonomy,and divide the rights,obligations or responsibilities between “laborers”,“enterprises” and “government” in a balanced perspective.Autonomy and cooperation provide a good institutional space.Finally,the realization of the goal of balanced labor-management cooperation and harmonious labor relations requires the implementation of labor-based legislation,law enforcement,and judicial protection of the basic rights and interests of laborers,strengthening the soft constraints of the concept of labor-management justice in enterprise management,and promoting instrumental rights.The realization of the pressure mechanism of collective labor rights,democratic participation rights and other related capital compromises.