Study On The Problems Of The Labor Payment Disputes In City Of Shenzhen And Government Countermeasures

This thesis discussed the status quo of the labor payment disputes in the city of Shenzhen. The problem of labor payments is the major stimulator for the labor-related disputes, and in this thesis, the writer cited cases on individual labor payment disputes as well as on collective ones respectively, and made analyses to those problems that occurred. At the same time, this thesis also analyzed and researched the theory, situation and cause of the labor-related disputes, and analyzed the current status and features of the labor-related disputes in the whole country and in the city of Shenzhen, and deeply analyzed the causes of the features of the labor-related disputes in Shenzhen and the tactics for resolving the problems, based on relevant theories and statistics. Finally, this thesis put forward corresponding countermeasures against those problems in the labor payment disputes of Shenzhen.Problems involved in the labor payment disputes mainly include: disputes regarding the total sum of wages, skimped and defaulted payment, the minimum payment as well as the overtime pay, etc. At present, existing problems in the labor payment disputes of Shenzhen mainly include: the insufficiency of laws on the infringement upon the right of labor compensation; the labor disputes disposing system doesn't apply to the actuality, the hearing period is too long, the 60-day time limit of the appealing is too short and easy to become invalid, and the charge is unreasonable, etc.; the system of the back pay security needs to enhance and improve; and the labor-related supervision and law enforcement lacks pertinence and efficiency.The features of the labor-related disputes of the whole country include: the continual growth of the total number of the labor-related disputes and people involved; the rapid increasing of collective labor-related disputes; labor payments, cases on insurance welfare and the rescission of labor contract remain the focal points of the labor-related disputes; the labor party has a majority proportion of appealing and a relatively high recovering rate; much of the labor-related disputes occur in wealthy regions; and the number of labor-related disputes in state-own enterprises and collective units still holds the largest proportion.The features of the labor-related disputes of the city of Shenzhen include: the number of thelabor-related disputes seems to be increasing annually; hold a one tenth proportion in the total number of the labor-related disputes accepted throughout the country; taking on the feature that districts varies drastically in the number of recorded labor-related disputes; the number of disputes in private enterprises ranks the first of all; civilian enterprises hold up to 70% of all the disputes, many of which involve manufacturing and retailing and wholesaling catering industry; collective disputes by immigrant workers has a large number, which holds over one third of the total number in Guangdong; the causes are similar with those of the whole country, with a certain differences; the laborer has a relatively high covering rate; the disposing of labor-related cases becomes more and more difficult.The focus of the features of labor payment disputes of Shenzhen is as follows: the number of causes of the labor-related disputes is the largest; the cases of the labor payment disputes are generally centralized in civilian enterprises, manufacturing, retailing and wholesaling catering industry, and immigrant workers out of the Special Economic Region of Shenzhen, and much of these disputes are related with skimped and defaulted wages. The thesis further analyzed the reason why much of the causes of the labor-related disputes are connected with payments, i.e. its fundamental reason is that the visualization of the differences of interests between the two sides of the labor relationship, and the imperfection of rights of the laborers; the subjective reason is the inferiority in the legal awareness, business concept and ethical moral of the parties of the labor relationship; as well as reasons from the government. The thesis analyzed the cause of the centralization of the labor payment disputes of Shenzhen, from perspectives of the employing units, the economic composition of the enterprises, industrial compartmentation, administrative region compartmentation, and the laborer, etc.Concerning the labor payment problems of Shenzhen, and the features of the labor payment disputes of Shenzhen and the actuality of this city, this thesis put forward the following tactics: modifying the system of labor-related rules and regulations, strengthening the inquiry against the criminal responsibility of the infringement upon the labor rights, which can be supported appropriately with criminal procedures in legislation; transforming the current labor arbitrition court gradually into the labor court; prolonging the overtime pay appealling time limit for labourers to two years; making reductions in the charging criterion of the arbitration;prescribing definitely to expand the ordinance of the back pay security in its scope; making special efforts in implementing categorized labor monitoring, basing ourselves on scientific categorization, and at the same time doing a good job in investigation and services; making great efforts in the propagandar and education of laws and regulations; further pushing various enterprises to strenghten the interior democratic management mechanism and the labor hiring management regulations; and progressively pushing the building of the system of the enterprise social accountability commitment by implementing the SA8000 System Certification, etc.