Research On Protection Of Workers' Rights And Interests In Non-state Owned Enterprises

Under the condition of market economy, labor relation of non-state-owned enterprises is a kind of labor-capital relationship regulated by market. Therefore, fair distribution of this kind of labor-capital relationship relies on procedural justice of market. From the time of Aristotle, philosophy thinking focuses on the discussion of substantial justice of distribution, and due to its subjective nature, substantial justice is multiple-meaning. Therefore, with worldwide turning of procedural justice philosophy, it has great practical significance for us to discuss labor relations of non-state owned enterprise from the view of procedural philosophy. Obviously, while analyzing and discussing the protection of workers'rights and interests of non-state owned enterprise in our country, we will comply with basic ideas of procedural justice: seeking the measures of rectifying distribution procedure under the precondition of respecting market economy and market regulation. According to the experience of developed western countries, this road is a road of economic democratization, and it is also a road of procedure perfection of market regulation of work force. However, the tradition of democratic management of enterprise is just an issue valued by traditional socialism, but neglected by non-state owned economy since the reform-and-opening up.As a matter of fact, the distribution theory of basing on distribution entity and relying on"the visible hand"of the government's regulation lead to various problems in the field of the protection of workers'rights and interests in our country's non-state owned enterprises. From the point of view of proceduralism philosophy model, the equality of labor and capital in labor negotiations should have the following features, such as power balance, sufficient exchange of economic information, and justness of negotiation process, etc. However, in our country, workers lack basic self-determination and independence, and necessary negotiation information in labor negotiations, and the legal status of union delegate lacks protection. Therefore, the key point of solving these problems is to improve equal status of our country's workers in negotiations. This"key point"is how to carry out collective labor rights of our country's non-state owned enterprises, which means to reflect and standardize coalition rights of collective labor rights, collective bargaining rights, collective disputation rights and participation of democratic management in our country's non-state owned enterprises.