Research On The Construction Of Legal System Of Labor-capital Communication And Negotiation

As an important part of collective labor relations coordination mechanism,Labor-capital communication and consultation legal system is of great value in eliminating the differences between labor and management,improving employee satisfaction and production efficiency,and even preventing labor disputes.Up to now,there has not been a law to regulate labor-capital communication and consultation in China,in practice,the system of workers' congress serves as the system platform of labor-capital communication and consultation,however,because both sides of labor-capital are difficult to conduct normal communication and consultation when the workers' congress is not in session,China's labor relations coordination mechanism is facing outstanding problems due to the lack of labor-capital communication channels,this is also the reason why “Opinions of the Central Committee of the Communist Party of China on Strengthening the Construction of Socialist Consultative Democracy” require enterprises to establish staff communication and consultation mechanism.Due to the lack of legal guidance,the existing practice of labor-capital communication and consultation in China shows a trend of randomization and fragmentation.In order to realize the normalization of labor-capital communication and consultation,it is imperative to construct the legal system of labor-capital communication and consultation.Most of the existing theoretical research results still stay in the concept initiative of establishing the legal system of labor-capital communication and consultation,systematic research on the specific elements of labor-capital communication and consultation legal relationship,such as the subject,object,responsibility and relief of labor-capital communication and consultation,has not been carried out.Therefore,research on the construction of labor-capital communication and consultation legal system is of great practical and theoretical significance at present.In addition to the introduction and conclusion,the paper is composed of five parts,about200000 words.Chapter one: Basic cognition of labor-capital communication and consultation legal system.The labor-capital communication and consultation legal system is not a product of the workers' movement,it comes into being gradually under the joint promotion of the European Union and employer,it is the result of the state's desire to balance union centralization with labor autonomy.As a kind of employee intervention mechanism,the labor-capital communication and consultation legal system has the characteristics of inter-subjectivity,procedural,integrity and non-game.The labor-capital communication and consultation legal system is not a platform for laborers to exercise their democratic voting rights,but a system design aimed at promoting the daily information exchange between labor and management,its function should be positioned to information sharing,opinions expression,meaning dredging,consensus solidification and dispute prevention,which cannot carry the mission of“labor-capital joint decision-making”.The labor-capital communication and consultation legal system and the collective labor legal system,such as the workers' congress system,collective consultation system,are mutually different and interrelated.The legal system of labor-capital communication and consultation will not only help foster “win-win culture of labor-capital consultation”,so as to help to achieve interactive integration of labor relations coordination mechanism,but also help improve laborers' willingness and ability to participate in the construction of consultative democracy and the building of social governance pattern through joint efforts,joint governance and shared benefits,so as to contribute to the realization of “the laborer's socialization” and “labor legal system socialization”.Our country's constitution,labor law,labor contract law,trade union law,company law and other laws provide legal basis for the construction of the legal system of labor-capital communication and communication.Chapter two: Labor-capital communication and negotiation model in practice scenario.According to the different organizations of labor-capital communication and consultation,the existing labor-capital communication and consultation mode can be divided into “union mode”,“labor relations promotion committee mode” and “worker representative committee mode”.The “trade union” mode is that the trade union acts as the organization of labor-capital communication and consultation and is responsible for carrying out labor-capital communication and consultation activities,as a sample of this model,Chuan Hua group has achieved success mainly because of the attention of enterprise management.The model of "labor relations promotion committee" refers to that the labor-capital communication and consultation activities are organized by labor relations promotion committee composed of representatives of enterprises,employees and trade unions,as a sample of this model,Ruide electronics corporation's success owes much to the government's push.The mode of "workers' representative committee" refers to that workers select workers' representatives,and workers' representatives form workers' Representative Committee,which is responsible for communication and consultation with enterprise management,Botou city foundry enterprises and Guangzhou Lide shoe company is the sample of this model,the fundamental reason for its success is the solidarity of workers.The following enlightenments can be obtained through the analysis of typical model of labor-capital communication and consultation: First,labor-capital communication and consultation needs to be guided by legal norms.Second,the construction of the labor-capital communication and consultation legal system needs the joint efforts of stakeholders.Third,in order to play its due role,the labor-capital communication and consultation system must interact and integrate with the labor law system such as workers' congress system and the collective consultation system.Fourth,the effective operation of labor-capital communication and consultation legal system needs scientific and reasonable restraint and incentive mechanism to “cooperate”.Chapter three: The reason why China constructs the legal system of labor-capital communication and consultation.Based on the system and innovation degree of labor-capital communication and consultation practice,the mode of "trade union","labor relations promotion committee" and "workers representative committee" can be classified as the mode of labor-capital communication and consultation with the type of system improved,system embedding and system original."Trade union" mode is the appropriate adjustment to the system of workers' congress,the system of factory affairs being made public and the system of collective wage negotiation.The mode of "labor relations promotion committee" is a new mode of labor-capital communication and consultation which is formed by embedding the new form of negotiation into the system of workers' congress.The mode of "Workers' Representative Committee" is a new mode of labor-capital communication and consultation explored by the laborer because the collective consultation system can not solve the current practical problems.The existing labor-capital consultation systems such as large staff meeting system and collective consultation system in China cannot provide normative guidance for the typical modes of labor-capital communication and consultation.The legal system of labor-capital communication and consultation is conducive to the function of the tripartite consultation system,the workers' congress system,the collective consultation system and the labor dispute preventive mediation system,thus contributing to the normalization of laborcapital communication and consultation.With the deepening of socialist consultative democracy,supply-side structural reform,and social governance based on joint contribution,joint governance and shared benefits,the sense and ability of communication and negotiation between worker and management will be improved day by day.Trade unions and social forces can also play an important role in labor-capital communication and negotiation,this will contribute to the effective operation of the legal system of labor-capital communication and consultation.Chapter four: The whole train of thought of construction of labor-capital communication and consultation legal system.First,building a labor relations coordination mechanism based on “consultation win-win”.The legal system of labor-capital communication and consultation can only operate effectively under the system environment of “consultation win-win”,therefore,it is necessary to correct “excessive state regulation”,and construct a complete system of procedural labor rights,cooperative labor law responsibility system and consensual labor dispute settlement mechanism,so as to build a labor relations coordination mechanism based on “consultation win-win”.Second,Building worker consultation rights.Compared with the legal system of labor-capital communication and consultation dominated by power,the legal system of labor-capital communication and consultation driven by rights is more conducive to improving the efficiency of labor-capital communication and consultation,because it elevates the interests of labor-capital communication and consultation to the right of consultation,therefore,the central task of constructing the legal system of labor-capital communication and consultation is to construct worker consultation right.Third,clearing the organization of labor-capital communication and consultation.The effective operation of the legal system of labor-capital communication and consultation needs a strong organizational guarantee,in order to fully mobilize the enthusiasm of the communication and consultation between worker and management,and ensure that the trade union can play an important role in labor-capital communication and consultation,the staff communication and consultation committee composed of the employee representatives and the union representatives is more suitable as the organizational mechanism of labor-capital communication and consultation in China.Fourth,constructing incentive mechanism of labor-capital communication and consultation.In China,where the culture of labor-capital communication and consultation is not very strong,in order to play its role better,the legal system of labor-capital communication and consultation needs the cooperation of incentive mechanism,so it is necessary to construct the incentive mechanism of labor-capital communication and consultation for the enterprise,union and its members.Chapter five: The specific path of construction of labor-capital communication and consultation legal system.In essence,the construction of legal system of labor-capital communication and consultation is the construction of legal relationship and legal guarantee mechanism around how to realize worker consultation right.The central task of the construction of labor-capital communication and consultation legal relationship is to clarify the establishment guidelines,legal status of the staff communication and consultation committee,the specific content and procedure of labor-capital communication and consultation.At present,the law only requires enterprises with more than 100 workers to set up an staff communication and consultation committee,in enterprises with fewer than 100 workers,the worker representative shall perform the duties of the staff communication and consultation committee.The main duty of the staff communication and consultation committee is to carry out labor-capital communication and consultation activities,it has the right to work independently,but it must abide by peace obligation.The content of labor-capital communication and consultation mainly includes information disclosure and exchange,communication and consultation of enterprise special matters,daily communication and dialogue,and dispute resolution through consultation.The full-time committee members of the staff communication and consultation committee are responsible for communicating enterprise relevant information to the part-time members and for relaying the workers' opinions collected by the part-time members to the management,part-time committee members are responsible for relaying relevant information to management and collecting the opinions of the entire workers in their departments.The first task of constructing the legal protection mechanism of labor-capital communication and consultation is to establish the representative litigation mechanism of the staff communication and consultation committee;secondly,constructing a liability system organically composed of liability forms such as within a time limit to perform,invalid performance,restoration of original condition,compensation for loss,reputation penalty,market interview and fine,as well as a dispute settlement mechanism organically composed of mediation,appeal,arbitration and litigation;finally,constructing the system of improper labor behavior in labor-capital communication and consultation,so the staff communication and consultation committee and its members are protected from the control and intervention of the enterprise.