Research On The Safeguard's Function Of Labour Union In China

Construction and development of maintenance functions of China's Trade Union is an important part for accelerating and development of "employee-based" party and socialist construction. Quality of the development of maintenance functions of China's Trade Union is directly related to China's social stability and economic construction. Situation of workers rights protection in the current situation in China is not optimistic, By carefully analyzing the diversification theory suggests by a number of scholars, this paper analyze the shortcomings and deficiencies of maintenance functions of Chinese Trade Union from the economic, political, and cultural perspectives by using the process of China's labor movement as the real case, analyze the causes of from the legal system, mechanisms and self-construction, Also proposes a number of rationalization programs for above problems, discusses the methods for strengthen maintenance functions of trade union organizations in three parts.This paper described the functions of trade unions in China from history, trade union nature, social status and other prospective, indicates that maintenance functions is the basic functions of the four primary functions of China's trade union, are currently the important means for ensuring the interests of the workers as well as an effective channel for reflecting thought to the party and the government. China's "Trade Union Law" stipulates that four basic functions of trade union are : participation, rights protection, construction and education. The main social function of Chinese trade unions is to uphold the legitimate interests and democratic rights; mobilize and organize the employees actively participate in construction and reform, complete the task of economic and social development; to represent and organize of workers to participate in national and social affairs; to get involve in the management of the business, career, and democratic institutions; to improve ideological and moral standards and scientific and cultural quality of employees, to construct ideals, morality, culture, disciplined workforce. At the same time, the "Labor Law" stipulates that representatives of trade unions need to safeguard the legitimate rights and interests of workers. Countries have a mandatory requirement in law on the basic status and functions of trade unions in all of the basic functions of it. This shows that it is essential to establish trade union in employing units, and the maintenance function will undoubtedly become the most important functions of trade unions.In contemporary social, trade union rights protection work is not carried out in optimistic condition, leading to serious violations of legal rights and interests of workers in the economic, cultural, political, social aspects The unsound factors such as inadequate supervise of superior trade union, uncompleted mechanism have a direct impact on the maintenance work of trade union. These conditions go against the original intention of set up trade unions in China and issue the "Union law". In order to put maintenance function of trade unions into full play we need to improve the mechanism, form a sound legal system, construct a high-quality union team, China is in the early stages of the socialist development, had just gone through the transformation. Therefore, in the aspect of safeguarding the rights and interests of workers will inevitably show some of the problems and deficiencies, we need to address conflicts in a positive manner and to resolve conflicts, then improvement and complement of the maintenance functions of Trade Union is not unattainable.Create the rules of laws, build law-based legal system, establish and improve maintenance mechanisms for Trade Union, improve the relationship between trade unions and the party and the government, broaden rights maintenance channels, improve the trade unions themselves, strengthen grass-roots working efforts, establish an effective monitoring mechanism is inevitable trend for Trade Union development in China. Improve the existing trade union problem can not merely rely on trade union itself, the power of the government's concern, the masses of attention, in large part can influence and supervise the work of trade unions for the better development as soon as possible. The third part in the work is based on relevant theory and the analyzing of current situation and problems of maintenance works in the aspects of economic, political, cultural, and social activities. first of all, from the legal point of view put forward a clear requirements and standards of the maintenance functions of Trade Union in specific legal context, and strengthen the requirements and measures for complete responsibilities; to narrow the distance between order of laws about the treatments employees should enjoy and the practical enjoyment of rights and interests of employees, in order to realize the purposes of trade union. We need to improve laws and regulations in the implementation of trade union capacity, broaden the scope of maintenance of trade union and increase the propaganda of laws and other measures.Second, Mechanism of trade union maintenance is just the maintenance mechanism for rights and interests of employees from the angle of better mechanism of trade union maintenance. To strengthen the independence of the maintenance functions of Trade Union organizations is the prerequisite for adequately carry out the effect of trade union and reflect the status of the working class as the main force. Adjust the relationship between Party, government departments and trade union; establish a sound maintenance mechanism for trade union; develop communication channels for staffs with relevant departments are effective ways for maximizing effectiveness and functions of Trade Union. Finally, the efficient and effective of trade union maintenance need solid theoretical foundation, abundant work experience and scientific working methods and advanced learning methods at all levels, therefore, strengthen self-construction work timely is the necessary means to ensure t to trade union maintenance. First, self-construction of the primary trade union is the basis of trade union's building, requiring the union workers have good ideas and high services quality; the second, effectively safeguard the interests and rights of employees is an important ways for measurement of the effectiveness of trade union. Therefore, legal, just, scientific and effective evaluation standards and monitoring mechanisms are needed. Using of the forms of independent oversight, joint supervision and participation in monitoring can quantify the norms of maintenance of trade union, it is an essential means for evaluate the effectiveness of trade union maintenance.