Research On The Safeguards Function Of Educational Labor Union In China

Education labor unions are the mass organizations that organized by voluntary faculty members and the important social groups in educationsystem, its main functions include"participation, maintenance, construction, education,"among which maintenance is the basic functions of trade unions. However, the absence of safeguarding in our education faculty is serious at the present stage, and lots of old problems and new problems become the serious obstacle for our education labor union to play and improve its functions. In this paper, according to the analysis of the functions of education faculty , and the status quo of exerting functions ,and protecting rights ineffectively, and also from changing the status quo of administration of education labor union to protect rights and improving the mechanism for the education labor union to protect rights and creating a good external environment for education labor union ,and the reformation of the education labor union ,etc to make some researches and studies to improve the functions of safeguarding of the education labor union There are totally there parts in the whole article,The first part is the summary of the evolutionary history and functions of the education labor union.First of all, illustrating the creation, development and the nature of this organization of China's education labor union systematically, and based on this, analyzing the functions of safeguarding and position of education labor union in details according to the current new form and new problems, including:"Maintenance"- the basic functions of education labor union .In the new "Trade Union Law" in 2001, it is clearly prescribes that:"maintenance is the basic duty of trade unions". About the basic functions of trade unions should discuss from the history and the development of the problem, first of all, according to an objective basis, with the development of the market economy, the deepening reformation of the institution, the contradictions between the employers and employees have become increasingly prominent which the teacher appointment system once concealed by planned economy, the benefits of teachers who as the relative weak group have been violated from time to time, so the society need the education labor union fully play its roles urgently. Secondly, from the angle of the history of the function of maintenance, the party and the leaders have repeatedly proposed the idea that makes the function of safeguarding be the basic function on the meeting of trade union system. Therefore, the education labor unions should take it as an opportunity to gradually improve its function of maintenance, and play a better role as trade union organizations.the reasons why the functions of safeguarding have been become the basic functions of education trade unions.First, depending on the nature and characteristics of the trade unions, and the trade union will lost the meaning of existence if leaves the adjustment of labor relations. It is the characteristics of the trade union that make the educational trade union be the"home"of faculty members, in the process of adjustment of labor relations ,education labor union must bound to safeguard the legitimate rights and interests of faculty. Second, it is the basic requirements of our country's law,"the Trade Union Law"requires explicitly that safeguard the legal rights of trade unions are the basic duty of trade union. Third, it depends on the important position of the function of safeguarding of the trade union. The labor relations of educational system changed from the reformation of institution and the implementation of appointment of teachers, making the relationship between schools and teachers change, various contradictions become even more prominent. At this time, the functions of safeguarding of educational trade union become even more prominent.basic mission of the functions of safeguarding of educational trade union.In current times, combined with our nation's conditions, and the overall objective to build a harmonious society and the special nature of the labor union members of the educational system, the educational trade union should focus on safeguarding the following four kinds of rights and interests of faculty members: to safeguard the political rights and interests of faculty members, mainly referring to safeguard the democratic rights;to maintain the economic interests of faculty;to safeguard cultural rights and interests of labor union members; , to uphold the rights and interests in society of faculty members .The second part is the analysis and exposition of the problems and reasons during the process that the educational trade unions fulfill the functions .Started by describing the status quo of educational trade unions exerting functions, draw the conclusions from the status quo that the ineffectively to protect rights, and analyzing the causes of ineffectively safeguard rights of educational trade union.Status quo of safeguarding rights of the trade union ,the situation of effects of educational trade unions .Using the Education Trade Union in Jilin Province as an example, although the Jilin Province Education faculty union do a lot of work in protecting the legal rights of faculty members, a lot of basic trade union education, making cultural entertainment and a variety of welfare activities be the basic duty of trade unions, neglecting the importance of functions of maintenance.the mechanisms of educational trade union for protecting rights are inefficient. Through the survey of Education Union in Jilin Province, we found some mechanism problems that effect the exerting of the functions of the educational trade unions: First, the weakening trend of democratic management and the system of teaching employee congress is obvious. For one reason, some schools ignore the important status of teaching staff of the General Assembly, so that a lot of faculty member have no channels to express their wishes; for the other, the major decision of school, particularly relating to the benefits of faculties is not open, and school do not communicate with faculty, staff have no rights to speak and administer.Second, the work for opening the"school affair"is not good. Some individual schools, especially private schools put public school job with the development of the school in opposition place, the depth of the contents of opening is not enough, data is not accurate; Third, the contract is not standardized, now many private schools and their staffs have a weak awareness of the contract, they don't sign a contract or use the labor contract to replace the labor contract; Fourth, the mechanism of the grass-roots educational union labor dispute regulation is not efficient, so that it is very difficult to protect the faculties'rights timely and accurately.Tend of administration of rights is serious, mainly reflected in the relationship between educational trade unions the Government, schools, and faculty members.serious situation of looking upon education and looking down protecting rights.Affected by the traditional idea of education,education trade unions look upon the education and improvement of teachers, and the performance of individual obligations of teachers, ignoring the teacher's position as the subject of rights.Analysis of reasons of inefficient in protecting the rights of educational trade unions .Educational trade unions as their own organization of faculty members, it can not effectively safeguard the legitimate rights and interests of faculty members, only to find the reason that affect its functions, and then give the right remedy, we could let the education trade unions walk out of the plight of inaction.First,the relevant laws and regulations are imperfect"Trade Union Law","Labor Law","Education Law","Law of Teacher"and other laws and regulations are the legal basis to safeguard the educational trade unions of our country to exert its functions, but some deficiencies in the law also become the obstacle for education trade union to safeguard the rights of faculty members. Including the lag of enforcing the"Trade Union Law", the lack of interoperability of part of the"Trade Union Law", the lack of the legal means for educational trade union to safeguard rights, and also shortcomings'Law of Teacher"which mean to protect the rights and interests of teachers.Second, the traditional concepts and limitations of the system impact the functions of trade union to safeguard rights. The traditional narrow concept limits the functions of trade unions to safeguard the rights, some party members and cadres, school leaderships and faculty members have a wrong idea of work of trade unions so that affected the functions of educational trade unions to safeguard the rights. Second educational trade unions have their own problems. The organization of educational union is not perfect, and staff is not enough, and knowledge structure is unreasonable, which all have serious influence on exerting its functions. The third part is the solution and suggestions to improve the functions of safeguarding the rights of our educational union. As a national legal organization of safeguarding rights, educational trade unions have been making efforts to achieve the goal of"communication and coordination","bridge and bond", but its most important functions of safeguarding rights are not given full fulfilled .If we want to fulfill it functions of safeguarding rights adequately, we should not only reform the educational trade unions, but also adjust the labor relations of the inner part of school and also the supporting from society, government, political parties, and the laws.Specific measures including: First, to set up education trade union organizations that out of the administration, because only when the education trade union organizations return to the society, and let the union be independent, the functions of safeguarding rights can come true; Second, to improve the mechanisms of safeguarding rights of the educational trade union ,it will be a effective protection for educational trade union to safeguard rights that improve the reasonable mechanism of safeguarding rights; third, to create a good external circumstance for the education union to safeguard rights, because if we have no supporting of the external circumstance ,the work for educational trade union to safeguard rights will lose its true meaning; fourth, the solution of the reformation for educational union itself , we need our own efforts to solve the problem which come up during the process of reforming , and it is the basic aspect for educational trade unions to walk out of the hardship of safeguarding rights that deal with the fund of the educational trade unions and the professionalism of the president of educational trade union.