Study On The Role Of The Tripatrite Consultation Mechanism In The Protection Of Laborer Rights And Interests

Since the reform and opening up, China’s non-public economy has obtained the rapiddevelopment and become an important part of the socialist market economy. Associated withthe development of the non-public economy, the field of labor relations of the non-publiceconomy is increasingly diversified and complicated, in the same time, the labor conflictsbecome increasingly prominent,and the worker legitimate rights and interests are violated thephenomenon common occurrence. Laborers, especially the workers in informal employment,have low wages and poor working conditions, work longtime and have no social security.Laborer rights faces rights predicament, including the government’s inaction under the localprotectionism, the lack of corporate social responsibility driven by economic rationality, andthe multiple power loss caused by the rights protection channel impeded. If there is no effectiveactivist channels and expression mechanisms, the long-term damage to the legitimate rightsand interests of laborers can easily cause the laborers social discontent, leading to socialinstability.,which is contrary to the purpose of building a socialist harmonious society.Tripartite consultation mechanism has been a long history in Western countries. Throughconstant practice and development, the tripartite consultation mechanism has been acceptedand adopted by most of the market economy countries. Tripartite consultation mechanism hasrights feature and it has been an important role in the adjustment of labor relations, resolvinglabor disputes, safeguard the legitimate rights and interests of laborers.This article takes literature research methods, and uses the labor relations of thenon-public economy as a carrier. First, from the view of laborers rights and interestspredicament, function of the tripartite consultation mechanism, possibility of the tripartiteconsultation mechanism in our country, the article analyzes the tripartite consultationmechanism on the necessity and feasibility of the protection of workers’ rights. Tripartite consultation mechanisms should and can be an effective channel for workers rights, but inreality the tripartite consultation mechanism faces the predicament of failure in rightsprotection, which is caused by the mechanisms inherent problem. Tripartite consultationmechanism has some problems in the authoritative representative, the behavior of the subject,as well as the implementation mechanism. Learning the practical experience of foreigncountries, the article proposes a tripartite consultation mechanism in terms of general plan ofconstruction and perfection of the system, from the point of setting up the authority, theenhancement representation, main role defined as well as the implementation mechanism andother angles set forth the construction, hoping that this could have a profit to the labor rightsprotection.