The Legal Regulation Of Evading The Employees’ Rights And Responsibilities

With the change of time, progress of society and the increasing competition of market economy, enterprise which is the main body of the market is constantly changing the steps to adapt to rapid development of economy and society. Marx said:"Capital comes dripping from head to foot, from every pore with blood and dirt." Therefore, enterprises have been blind with the current interests in order to adapt to the change of economic developing environment and pursue the high profit driven by nature, thus ignoring the future interests, which arouses a series of crisis of labor relations. In July24th,2009, there was a demonstration against the reform among the thousands of the employees in the Tonghua Jilin Corporation, in which the new general manager was beaten to death in his first work day. This malignant event mirrors the acute dispute between employers and employees. As a result, the fact that the invasion of employee’s interests leading to the intense labor relations should be paid more attention to. This is not only an accident but the real reflection of the incomplete behavior of fulfilling the social responsibility of enterprise, which is the result of evading the employees’rights and responsibilities. The cost is heavy and the lesson is deep.This paper carefully studies the relevant legal problems on the evading the employees’ rights and responsibilities from the point of law, which also takes "Tonghua Event" as an example. It demonstrates a vivid picture of the invasion of employees’rights and explores its legal reasons, thus providing the base for the practical legal solutions.Firstly, this paper explains the basic concept of evading the employees’rights and responsibilities, including the connotative and denotative meaning, legal definition of the word "evasion", definition and necessities of employees’rights. The social responsibility of enterprise means that co-handling other interests on the basis of pursuit of profit, taking the correspondent responsibility towards employees, consumers, environment, social charity and so on, which is also the composition of legal obligation and moral obligation in order to emphasize the social common sense, realize social public order and increase public common interests. Specially speaking, realizing the maxim interests of enterprise ownership, and securing the legal obligation of the interest-relevant persons and the moral obligation of the voluntary moral help or care towards the interest-relevant persons on the basis of respect of self-management and self-development of enterprise. The "evasion" in this paper refers to the search for a high-sounding reason to absolve and enterprises would find a variety of ways to evade responsibility. The employees’rights refer to the rights and interests held by employees in the enterprises, including labor rights, economic rights, democratic rights, political rights and personal rights, etc. The protection of employees’ rights has its significant theoretical and practical meaning.Furthermore, this paper explores the representation and characteristic of evading the employees’rights and responsibilities. It concludes five reasons through analyze of case of Tonghua Iron and Steel Limited Corporation. The reasons are as follows:Firstly, the program of reform is not open, thus the democratic rights of employee are invaded; Secondly, a large scale of employees retires and is laid off, thus the labor rights of employee are invaded; Thirdly, the salary is decreased, thus the economic rights of employee are invaded; Fourthly, the nature of enterprise changes wholly, thus the political rights of employee are invaded; Fifthly, Labor Union and Worker’s Congress are formalized, thus the ways to express employees’opinions are invaded. The further conclusion of behavior of evading the employees’rights and responsibilities includes the behavior of evading establishment of labor relations, the behavior of evading the basic rights held by employees, the behavior of evading the labor security for employees and the behavior of evading the monitor of relevant functional department, thus concluding four behavior characteristics:concealing the illegal purpose in form of legal way, knowing subjectively, non-performing objectively, violating good faith principle of market economy development and going against severely the social responsibility and so on.In addition, the paper analyzes the legal reasons of evading the employees’rights and responsibilities. It qualifies evading the employees’rights and responsibilities as illegal behavior and punishes according to non-fault principle of law. The legal reasons of evading the employees’rights and responsibilities are analyzed from three aspects:Legislatively, the insufficiency of work force, latency of schedule, existence of holes and blankness and the bad operability of the laws and regulations; Executively, the incorrect attitude of supervision and law enforcement, the randomness of law enforcement, imperfection of supervision mechanism of all powers, the lagging transition, lack of relevant systems and imperfection of regulations; Judicially, weak and difficult judicial identification, inelastic succor measures and limited succor ways. This kind of behavior is of great social damage, which not only invades legal rights of employees but does harm to development of enterprises even the whole society. Furthermore, this behavior is disadvantageous to the long-term development of enterprises, market economy development and social progress and taking the legal responsibility according to the degree of existing problems of enterprises.Finally, the paper probes into the legal regulations of evading the employees’rights and responsibilities. Legislatively, keeping up with the times and increasing legislative working force, putting high emphasis on the importance of legislative in mind, making clear the existing problems of the laws of social responsibility of enterprises, widening the legislative quantity and scale of evading the employees’rights and responsibilities, strengthening the legislative technology, making up for the legal holes, searching for the blankness and holes of existing laws, establishing the uniform legislative idea and standard, enhancing the legislative rigor and thoroughness, attending to operability of legal regulations, setting up the idea of pursuing high-quality legislative and developing legislative technology frequently. Executively, strengthening the executing force of labor monitor, enhancing the consciousness of staying in accordance with the law, establishing the correct idea of law enforcement, calling on all power to develop monitor mechanism, establishing overall modern enterprising system, unblocking and developing multi-channel monitor mechanism, strengthening inter management and monitor in the enterprise and establishing and developing relevant systems which include information-open system and evaluation system. Judicially, developing group action mechanism, widening succor ways of employees’rights, reinforcing the organizing function of Labor Union and handling the problems of difficult rights-maintaining appropriately, etc.