The Research On The Role Of Private Corporation's Trade Union In China

In recent years, private enterprise is developing well, the problem ofsafeguarding labor rights in private enterprise is urgent day by day, so it isessential to study trade union of private enterprise. As an organization ofsafeguarding workers' rights and interests, The trade union is playing anextremely important role in the private enterprise. With the completion of legalsystem, through trade union of private enterprise is localized more clearly inthe legal role, there are some deviation of recognizing the role of trade unionin practice. According to investigation, we can know that a lot of privateenterprises neither set up trade union nor launch relevant work of trade union.The role of the trade union of private enterprise has been misplaced gradually,there is deviation of understanding the role of trade union for privateentrepreneur, labor of private enterprise, trade union and the cadre of the tradeunion, Party and government. So, we should not only improve legal system,but also take some measures to make the practice role and the legal role oftrade union identical.Firstly, legal role and real role of trade union in private enterprise.To solve he problem of trade union of private enterprise, national relateddepartments and each province have released a series of regulation files. " TheConstitution of the PRC " is prerequisites of all law. According to " TheConstitution of the PRC ", "trade union law " and " labor law " regulate therole of the trade union of private enterprise, it is the important legislativeauthority of the trade union. With the development of society, the revised "trade union law " has revised the duty of trade union too, including: first "maintaining worker legitimate rights and interests ", second " contacting withworkers closely and fulfill worker's suggestions and requests, caring aboutworker's life ", third " educating workers to participate in country's managing ,maintaining socialist state power ,etc. ". To the particularity of the trade unionof private enterprise, the most province and city of our country have issued theregulations of trade union of private enterprise. These regulations define therole of trade union in private enterprise: It is the organization safeguarding therights for the worker.Compare with the legal roles of the trade union of private enterprise, thistext has analyzed the role of the trade union of private enterprise in the standof private entrepreneur , labor of private enterprise , trade union , governmentand society separately. (1) The private entrepreneur has some prejudice to thetrade union and do not realize the importance of the trade union , even thinkthe trade union stands in the opposite of enterprises. (2) The labor of privateenterprise does not admit the trade union is their own organization, conflict thetrade union. They do not think the trade union is the rights keepingorganization. (3) Private enterprise trade union has not good autognosis andthinks itself as a organization to hold recreational activities. (4) Withopening-up and reform, the function of trade union is changed. According to"rules of Chinese trade union ", it is defined as a bridge that tie the Party withthe workers". (5) in terms of society, people's understanding of trade union hasbeen influenced by history and reality, so people misunderstand the role oftrade union.Secondly, current situation of trade union of private enterprise.After the 1990s, private enterprise set-up of trade union make quickprogress at quantity, but the increase of the quantity can not prove that thetrade union of private enterprise plays the role that it should. By comparing,we studied the current situation of trade union of private enterprise. (1)Comparing legal negotiation course with actual negotiation course. (2)Comparing legal mediation course with actual mediation course. (3)Comparing legal arbitration course with actual arbitration course. (4)Comparing legal justice course with actual justice course.Besides safeguardingthe rights, the trade union of private enterprise is also have the function ofbuilding, participating and education.Thirdly, influence of the real role of trade union of private enterpriseThe role who the trade union of private enterprise acts in practice hasfar-reaching influence. At first, it has produced some influence on economicbenefits and behavior of the labor in private enterprise. Such as the staff'sremuneration, working time etc. Second, the trade union's impact on employeeand employer. The trade union can improve the relation between labor andcapital and promote the profit of private enterprise. Third, private enterpriseactual role of trade union influence its image, meanwhile, it makes trade unionpresident in an awkward status. Fourth, the trade union is a kind of speakingright, we can influence some decision of Government by use this right. Fifth, "antagonistic trade union " has increased the social hidden danger and crises.Fourthly, reason for absent of legal role of trade union of privateenterprise.By the comparing and analyzing in different ways, we can find thereasons for the absent of legal role of trade union as follow. Workers'collective action consciousness and ability are relatively low, and theemployment demand is higher than other demands, this makes set-up of thetrade union be hindered. Analyzing in terms of enterprises and the employer,because the ownership and administrative power are unified, the economy ,difference in society , disparity of political position between privateentrepreneur and the staff are prominent , the trade union's set-up is alwaysdepending on the private entrepreneur. This is another reason for absent oflegal role of trade union of private enterprise. In addition, trade union andtrade union president lack self-cognition, this makes trade union can't improveits safeguarding rights. Analyzing in terms of Party, government and thesociety, historical reason, prejudice, ignorance of social masses are importantreasons for deviation of trade union.Fifthly, policy recommendations of construction of trade union in privateenterprise .Through analysis described above, this text offers some policyrecommendations for reference on the important problem which the tradeunion of private enterprise meets during construct and organize work, With thedevelopment of society, the relevant laws of the trade union of privateenterprise are completed and perfected gradually, but the situation ofimplementing in practice is barely satisfactory. This requires us start withpopularizing the legal knowledge, strengthen the law-enforcing supervision, sothat private entrepreneur, labor, government official, social masses canunderstand the relevant laws of the trade union and know the legal roles of thetrade union of private enterprise.During law popularization, changing idea is key to solving the problem oftrade union. People's idea decides people's manner, so prejudice rejecting isparticularly important. We should not only change the idea of the privateentrepreneur and cadre of the trade union but also change the idea of the laborin private enterprise and some local government officials. This is a long way togo, at first, we should change people's understanding gradually by educating.Changing working ways of the trade union is another way, for example,election system of president of trade union etc. Besides these, we can set upnew type of trade unions, such as rural worker's trade union , trade union ofone industry. These methods can help understand the role of trade union ofprivate enterprise.