Study And Countermeasures Of Trade Union's Protecting Legal Rights Function In China Enterprises

Since the middle period of 1990s, worker's Legal rights in China have been violated for several reasons. At first, some macro-economical policies have had a strong impact on workers and their trade unions. The second, the construction of market economic system and legal system has not been perfected. The third, the force between the two parties, workers and enterprises, has not been balanced. In this condition, the Chinese Communist Party, the government and the workers require urgently the trade unions to be responsible for protecting worker's legal rights and play an active role as a representative and protector of the worker's benefits. However, the fact is that the trade unions, an organization united by the worker's own accord, often get into trouble while implementing their functions. On one hand, they can't protect the worker's legal rights effectively; on the other hand, they can't protect their own legal rights either. Therefore, under the new work relationship, how to protect the worker's and the trade union's legal rights in further degree so as to reduce the conflict between the two parties of the work relationship has become an important precondition for China to develop economy and construct harmonious society and an increasingly hard question for all trade union workers to answer.In this paper, firstly, based on the law, the function of protecting legal rights of the trade unions has been defined from function and category by using the role conflict theory of organizational behavior. Then the present situation and some problems in protecting worker's legal rights have been analyzed from four aspects, economy,law,society and politics. At last, some suggestions have been given to the trade unions on how to play an important role in protecting worker's legal rights.