Research On The Legal Problems Of The Construction Of Craft Union

Since the 1970 s,under the influence of economic globalization and intensified international market competition,The changes of China's economic structure and industrial structure are accelerated,The traditional manufacturing industry,represented by steel and coal,has entered the mature stage and gradually declined,The service industry as the main form of the tertiary industry into a rapid growth period and continue to grow.At the same time,globalization requires the free flow of goods,services,labor and other factors of production,which also brings new requirements for China's labor employment during the period of industrialization.Especially with the deepening of supply-side structural reform in recent years,the emergence of new economic forms such as sharing economy and the rapid development of artificial intelligence,A large number of flexible employees without the traditional labor law identity flood into the labor market,while greatly alleviating employment pressure,new problems have been raised in the handling of new labor relations,the maintenance of the universal rights and interests of flexible employees,and the standardized development of specific professional fields.Under such a background,trade union,as an important subject of labor relations,a bridge between the defenders of workers' rights and interests in a broad sense and the labor minister,should play a more professional,targeted and effective role through a more "fit" organizational form.However,since the form of trade union organization in China is basically established in accordance with the traditional economic structure and industrial structure,the requirements of its members are "manual workers and mental workers who,in enterprises,institutions,government organs and other social organizations in China,take wage income as the main source of income or establish labor relations with the employing units",(1)therefore,for flexible practitioners who do not have this condition,it is obviously lack of legitimacy and legitimacy to organize and play a role.There is much that can be done by craft unions that push the boundaries of the firm and emphasise professional identity.Because of this,as the central government has repeatedly demanded that the trade union should carry out in-depth reform,it is necessary to study whether and how to construct the craft union in China.However,Under the influence of economic structure and development mode for a long time,China's trade union practices pay more attention to the role of enterprise-level trade unions and industry(or industry)trade unions,and pay less attention to craft unions;Correspondingly,the theoretical circle also focuses on the research of enterprise trade unions and trade unions,but little attention is paid to the initial form of craft unions.This lag in theory and practice not only hinders the in-depth study of the trade union system and even the whole labor law system,but also hinders the trade union organizations from actively adapting to the new situation of economic development and the new changes in labor relations brought about by it,therefore cannot undertake the duty and the mission which the trade union should shoulder for the national economic development and the social stability.In view of this,this paper tries to start with the basic meaning of craft union,through the analysis of the necessity and feasibility of the construction of craft unions,the paper finally puts forward Suggestions for the specific establishment of craft unions in China,so as to play a role in attracting the theoretical and practical circles.The main body of this paper is divided into five chapters:The first chapter is to solve the problem of "what is a craft union".Specifically,this chapter first introduces the definition of craft union in domestic and foreign theoretical and practical circles,through the comparison and analysis of various viewpoints,it is found that Mr.Huang Yueqin,a well-known labor law scholar in Taiwan,has a more precise definition of craft union,on the basis of drawing lessons from the advanced theories,the author puts forward his own views.Next,on the basis of explaining the universality of industrial union organizations,it points out that craft union are different from traditional industrial unions,that is,in terms of membership base,organizational structure and functional scope,it has obvious professionalism,higher autonomy,thorough breakthrough of enterprise boundaries and stronger service pertinence.Finally,based on the realistic background of "deepening supply-side structural reform","emerging share economy" and "rapid development of artificial intelligence",the functions of craft union in formulating policies,standardizing career development and guiding the exercise of collective labor rights are discussed in detail.The second chapter is to solve the problem of "why to establish craft union".Specifically,in the first section of this chapter,apart from explaining the current situation of flexible employment in China and its characteristics of "high flexibility,fragmentation,fine division of labor,vague labor boundary",emphasis is laid on the problems of the right to know,the right to participate and the absence of labor standards,collective labor rights and social security rights of flexible employees.Then,in section II,the author points out the root cause of the lack of rights and interests of flexible employees,the reason is that flexible employees do not have enough voice,on the basis of explaining the meaning of "discourse right",the reasons for its absence are discussed,namely: lack of appropriate organization carrier,smooth voice channel and effective system guarantee.After clarifying the root cause of the lack of rights and interests of flexible employees,how to solve the problem is the key.Therefore,the third section of this chapter puts forward suggestions from the following three parts: the realization of discourse right requires appropriate organization,industrial unions can shoulder the heavy responsibility,but need to reform according to the characteristics of flexible employers.The third chapter is to solve the problem of "defining what obstacles must be overcome in the construction of craft union".There are provisions in law and precedents in practice,which does not mean that the construction of craft union in China will be smooth in the future.In fact,whether it is the traditional influence of the existing industrial union system or the limitations of the craft union itself,it has decided that the future construction of the craft union will face various obstacles.These obstacles are mainly manifested in:Firstly,the current legal system is not perfect,which is mainly manifested in the lag of industrial union types stipulated in the Industrial union Law,the form of collective bargaining system and collective dispute system is greater than the substance.Secondly,the internal operating mechanism is not perfect,which is mainly manifested in the unclear membership of flexible employees,the serious administrative structure of industrial union organizations,the need to regulate the revenue and expenditure of funds,and the lagging function of industrial union's economic,social and legal creation.Thirdly,the impact of external environment is mainly manifested in the low recognition of flexible practitioners to industrial unions,the impact and challenge of underground industrial unions,and the weakening of external trust in industrial union autonomy by excessive autonomy.In this regard,we should have a clear understanding before the formal construction of craft union.The fourth chapter is to solve the problem of whether the construction of craft union is feasible.Specifically,although craft union are the initial form of industrial unions,they have made considerable progress in some developed countries and in Taiwan,China,but it is still a new form of industrial union organization in mainland China.The establishment of a new form of organization is not enough only to prove its necessity,but also to prove that there is a suitable legal and practical soil for its growth.Therefore,this chapter first clarifies that the right of association and the right of solidarity should be the legal basis for the construction of craft union from the perspective of jurisprudence,the theory of industrial union typification paves the way for the final choice of craft union.Next,it evaluates the realistic legal basis of the construction of craft union,it is pointed out that although the Constitution,laws,local laws and regulations,government regulations and so on have made clear the legal concept of "craft union",they have laid a certain foundation for the future construction of craft union from the perspective of the provisions on industrial unions.Finally,by analyzing the policies and measures of local industrial unions at all levels of the National Federation of Industrial unions,the operation of craft union in Taiwan,the provisions of the Japanese Labor Law on workers and the participation of industrial unions in social governance in some modern market economy countries,it is pointed out that Chinese and foreign examples have accumulated some practical experience for the establishment of future craft union in China.The fifth chapter is to solve the problem of how to construct craft union.At the beginning,it is clearly pointed out that China's craft unions should be the spokesmen and defenders of the rights and interests of flexible employees under new business type in the future.And then further pointed out that this role can be played in the following ways: Achieve good cooperation with employers and the government,achieving effective participation in social governance and the realization of a strong boost to economic development in the field of occupation.After defining the position of craft union,we can start to build it from both internal and external aspects.In terms of internal construction,firstly,it points out that craft union should be based on flexible employees(especially those who do not have traditional labor relations and self-employed persons),and that members should have rights and obligations in line with the aforementioned content of autonomy;Then,craft union should abandon the traditional hierarchical and administrative structure of industrial unions,establishing an "isosceles triangle" organizational structure based on the members' congresses,executive committees and supervisory committees,it is also clear that the main sources of funding should be paid services such as membership payment,self-employment income and vocational training,appropriate acceptance of funds subsidies from local federations of industrial unions,instead of requiring financial support from enterprises or governments to ensure full autonomy;Finally,the construction of craft union should be carried out in a relatively perfect legal environment,among them,clarifying the relationship between the articles of association of craft union and industrial union law should be the primary environmental factor,on this basis,we should also solve the legal problems of membership and take into account the harm of the limitations of the autonomy of craft union,then,we can supervise and regulate the craft union from three ways: legislation,administration and judicature.