Protection Of The Rights Of State-owned Enterprise Workers

With the deepening of reform and opening up the development of Chinese economics, At present, China is experiencing from the traditional agricultural society to industrialization, urbanization, changes in modern society, from a planned economy to a socialist market economic system. Dominated by the public sector to the public sector remaining dominant and diverse forms of ownership develop the basic economic system changes. Changes in these three historical processes. China’s current labor dispute cases with30%-40%annual growth rates. Enterprises must be able to address the rights of workers. Lagging to the law protecting the rights of our workers left many loopholes, and it is becoming more complicated for state-owned enterprise workers labor dispute particularly.This labor dispute case to start from the one triggered by a post office reform during this article. Firstly, it will introduce the basic situation of the case and brief background and the court on the trial results and decision. Furthermore, it will give the trial of the case generated by several disagreements. And then pointing out that it reaches the results in the case as the mediation of the court eventually, then focusing the analysis on these four issues:Firstly, it will tell Laborer rights protection concept as well as the general legal principle theory of law foundation, and workers will play fundamental effect on promoting the social development, Fully protecting workers’ rights seems to be vitally important for building a harmonious society and developing our country economy, secondly, through discussing practical issues of workers’ rights guaranteed by state-owned enterprises in China, we will find there are still many problems in the specific practices, here are some questions, for example, the status of the parties in the litigation and the poor, limited regulation, labor dispute arbitration lacking of effective supervision and administration of justice from outside influence, which we must face up to. Thirdly, it introduce the United States, Japan, Germany and other Western countries of elaborate relief system and labor disputes and then comparing extraterritorial experience in dealing with the same type of dispute, the United States categorize the cases of labor disputes, and their government focus on a variety of mediation, while in Japan, they chose administrative mediation, and German like to chose social security benefits. Those extraterritorial experiences of dealing with labor disputes will provide a reasonable experience and inspire for china. Fourthly, it analyzes the main problems of the state-owned enterprise workers’rights protection system and make some recommendations to address issues:strengthening government oversight and improving the corporate system is to make strengthening government oversight and improving the corporate system is to make the rights and responsibilities equal;it abolishes the pre-arbitration procedures for improving the judicial process:it add to the employer’s burden of proof, and improve the law and regulation system.;intermediary organizations should play a role in the mediation and strengthen it.;we should increasing people’s awareness of the law and regulate the voice of the people "express channel and improve the security system. All of them are designed to expedite the legislative process and provide a useful reference.