Study On The Present Plight And Cure Of Unions' Protecting Workers' Legal Rights In The Period Of The Social Transition

In the transitional period of our country, the market based economy system and legal construction are not perfect, and the bilateral power of labor relationship are unbalanced. All these led to the workers' legal rights infracted seriously. So it is urgent demand for the unions to carry out their responsibilities of protecting workers' legal rights and play its role as the representative and protector of their interest. However, the unions always get into the trouble when they fulfill their obligations. On one hand, the unions can't protect workers' rights effectively. On the other hand, they can't guarantee their own legal rights.The sixth article of the Union Law, amended in 2001, stipulates: "It is the union's basic responsibilities to protect workers' legal rights." It is the reason as well as the principle of the existence of the unions.Based on defining the functions of Unions' protecting workers' legal rights, the paper analyzes the present plight of unions' protecting workers' rights, and thinks the reason lies in unsuitable performances of some local authorities, weak protection of labors' right in unity, the unpractical mechanism of dispute settlement, the failure arrangement of the unions in its staff wages, expenditure and personnel system, the defect in the Union Law, the lack of effective safeguarding in the collective negotiation and the lack of strike right.Based on the analysis of the unions plight, The dissertation makes responding solutions and advice: the government should establish proper "labor rights" conception and strengthen publicizing and carrying out law;the unions should take powerful measures to guarantee the unity right of workers, especially that of farmer workers;it is urgent to reform present settlement system of labor disputes by setting up special arbitration committee;it is necessary to establish new system on expenditure and cadre selection;it is necessary to make the Union Law more practical by specifying legal responsibility;it isnecessary to improve legislature and the system on the right of collective negotiation and add the strike right into law.The thesis, based on histology theory, takes system analysis, quantitative and qualitative analysis. It wants to explore the reasons causing the plight of maintaining workers' rights by the unions and the responding solutions of the plight, offering certain reference to the future labor right protection of our country.