Research On The Functions Of Trade Unions To Safeguarding China

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.Unions are born to protect workers' legal rights, and it is a basic human right of workers to be protected by union. The union law stipulates that it is union's basic duty to protect the worker's legal rights. This is concluded after union's duty having been dwelled on in theory and been practiced for a long time in China. This stipulation reflects the core of unions. However, unions in China cannot carry out this duty just well. Legal rights of workers are stripped of or injured in large numbers and to a terrible degree. At the same time, the unions and their cadres' legal rights are injured very often. All these are due to that unions function is not understood, respected and supported as people always treat unions the way they did in planned economy, that unions banned by traditional systems are not undependable, that the way unions act is out of date, and the backward legislation of union eroding their functions. To ensure unions of carrying out this duty strictly, it is of great importance to create unions a good image of protecting workers' legal rights by correcting all the wrong ideas about unions, to keep unions at a undependable place, to protect workers' right to join unions, to better the way unions act in Collective Bargaining, to stipulate workers' right to act collectively, to reform the way how unions act daily and to perfect the union legislation.The first part of the main contents is the roles and functions of trade unions to safeguarding China's legal status. Trade union is a product of the struggle of the proletariat and the bourgeoisie, a class character, and the masses; its functions include: the statutory functions of the fundamental rights protection, trade union representatives and workers involved in the functions of the organization, construction, functions and educational functions. And in the constitution, labor law, commercial law and other laws are also reflected. Of course, the most important trade union law. It is also a basic law formulated by the state. The provisions of this legal authority, "the ACFTU and its trade union organizations represent the interests of workers in accordance with law to safeguard the legitimate rights and interests of workers." On the requirements in respect of the basic functions of trade unions, he provided the most detailed, most practical, the various rights and interests of workers is jeopardized, on the rights protection aspects in the law. It formulates and amends basic reflection and in line with the socialist development requirements of a modern market economy.The second part of primary coverage is our country trade union uygur power function legislative flaw. As the provisions of the Trade Union Law in the legal liability system of sanctions against infringers imperfect and unscientific interpretation of legal provisions, operational difficulties, resulting in the democratic rights of union workers in the maintenance of the lack of specific legal provisions. In addition, the trade union participation in the labor dispute mediation of the relevant provisions of the flawed, its performance for the large increase in the labor dispute, labor dispute arbitration lack of supervision and control mechanism, labor dispute hearing system, a long time and high cost; concluded that the collective workers rights and collective right to strike In the absence of labor legislation. Among them, the absence of a collective right to strike means that there is no enterprise employees the right to collective action, making organized enterprise employees can not give the employer a threat, on the contrary the employing unit is the enterprise staff and workers can easily quit. So, not such negotiations was the damage to the interests of workers. To this end, we should clearly established in law the legitimacy of the strike, and on the procedures, rules to make it clear that to make the law better.What the third part mainly writes is our country trade union uygur power function realizes the realistic barrier and mediates the countermeasure. The main trade union activist status is not independent, exist in name only. From other countries experience in development of market economy can be seen, trade unions have been able to balance the forces of all walks of life, protect the legitimate rights and interests of enterprise employees to play an important role, the key is trade union is an independent body that is independent of the main qualifications and property rights. To do this in two ways to write this chapter. First of all, the main obstacle to the performance of the union activist status is not independent, weakening the maintenance function; the existing trade union organizations do not meet the real need to adapt to economic restructuring and weak collection of trade union funds; the trade unions under the law and supervision, and oversight functions of vague, it is difficult to exercise; on trade union an adequate understanding of the implementation of trade union law not in place. People's understanding of the nature of trade unions is biased. Only by correctly understanding the nature of trade union organizations, trade unions clearly aware of their social status in order to better fulfill its social responsibility, so that the Trade Union Law in practice, a better implementation. Second, resolve written responses are: 1. Accurate grasp of the status of an independent trade unions, workers are more conducive to safeguarding the interests of trade unions to play, but with our expectations there is great distance; 2. Improve the trade unions in the form of trade unions to broaden the collection channels of trade union funds will affect the function of trade union activists to play, therefore, broaden the financing channels for the collection is necessary; 3. to increase participation in the legislative efforts to improve the oversight function, you can increase the participation in the legislative efforts to strengthen trade unions of non-public supervision of enterprises and improve their functions; 4. improve the "Trade Union Law," the implementation details, from the correct ideological understanding, development of relevant implementation details, comprehensive sanctions on the exercise of national executive power to perfect.What the fourth content mainly writes is our country trade union uygur power function legislative consummation. The fourth chapter is written mainly the functions of trade unions to safeguarding China's Legislative Perfection. Condition survey of workers in recent years, the current union work new achievements, but there are many shortcomings, for which enough of the Department, than the trade unions and workers rights protection capabilities of Member is not to be strengthened. For this type of phenomenon, in this chapter improve the trade unions to safeguard workers from the democratic rights of the relevant legislative provisions, an additional representatives of trade unions right of action; in the context of the existing legal system, increase in labor legislation, the provisions of the relevant trade union mediation to strengthen the labor dispute mediation organization building, standardized construction and mechanism innovation, and vigorously promote the labor dispute mediation legislation; the strengthening of trade unions the right to collective bargaining, building trade unions the right to strike system; improve the "Trade Union Law" legal liability system and other aspects to improve the legislation. Lastly there is no right to form trade unions pointed out that enterprises should strengthen supervision and punishment; should be enterprise leaders and government-related persons responsible for the implementation of joint and several liability system of recommendations to improve the trade union law, so that when the interests of workers in the maintenance of better play effect.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.