On Counter Measures For Building Harmony Labor Relationship From Legal Aspect

Well labor relationship is the essential base of our harmonious society, as well as the guarantee of development of the units and building a stable and moderately prosperous society in all respect. Therefore, contributing well-done labor relationship need to be given top priority during our process of building harmony society.Through the survey in Pear River delta among different companies, studying the actual status and further analysis, in order to dealing with the situation and find a way to relieve conflict, starting from the legal aspect, author brought forward counter measures for some cases and expect to be reference to our strategy of building harmony relationship.According to the features of labor relationship, through the survey and after studying the influence factors, author pointed out the problems during our process for harmony labor relationship. Such as, employers violate laboring rules even illegal actions during employment. Parts of labors can not realize their rights or lack of ability to protect themselves when some wrong happened. The Labor Ensure & Supervision Office has not done well enough and Labor Unit did not play a appropriate role, as well as the managements are out of time in some companies. All these led to ineffective supervision, difficult rights protection for labor and low cost of law-break for employers.In connection with these hereinbefore mentioned points, linked with author's work experience, this article pointed out the immaturity measures to improve the situation, first, strengthen the construction for Labor Unit and play more important role. Second, intensify supervision and law enforcement. Third, reform the labor dispute handling mechanism. Forth, advice to set up "back pay" crime item in law. The last one, advice employer to establish salary security deposit system and back pay precautionary mechanism.Especially on the factors of reform labor dispute handling and back pay precautionary mechanism, author issued his special individual thoughts by this works.For the labor dispute handling mechanism, considering the condition of our country, author suggests to cancel Labor Arbitration system. Presently, Generally, Labor supervision department do not offer arbitration to labor dispute, only offer investigation to the dispute and mediate the struggle. If intermediation can solve issue, case will be closed. But if intermediation can not work, dispute will be planning to start judicial proceeding. There are two different situation, one is the Labor Supervision Office consider there are rules violation or illegal actions exist, the office will represent employees to submit cases to the court. If office does not think so, employees also can access to court by themselves. In the case of Labor supervision office do not appeal to the court when employees believe employers have done something wrong, and employees wined the lawsuit by themselves, the relative responsible person in office have to burden the administrative responsibility. This is for the sake of avoiding Labor Supervision Office no action or inertia during their work in terms of system. Additionally, the court costs should be collected by subject matter, in order to prevent malicious suits, as well as to be punishment to the party losing the lawsuit.For the "back pay" precaution mechanism, author suggest to develop a special department in bank focus on salary payment for workers and all the salary paid by bank through their account. Whenever there is a situation of unpaid wages, bank charge of the duty to report to labor competent department, and labor competent department could apply to the court immediately to block the employers' account.