The Study On Legal Issues And Solutions With Respect To The Spontaneous Rights Keeping Organization Of Laborers

There are no specific provisions about the spontaneous rights keeping organization of laborers made in our current labor laws. However, the spontaneous rights keeping organization of laborers can not only provide various ways to ensure laborer’s rights and interests, but also implement labor disputes through non-violent solutions. Thus it is necessary to establish the legal regime of spontaneous rights keeping organization of laborers.The author makes a definition for the spontaneous rights keeping organization of laborers, summarizes the current situation about the spontaneous rights keeping organization of laborers and analyzes its reasons.According to the current situation about the spontaneous rights keeping organization of laborers, the author concludes five legal issues faced by the spontaneous rights keeping organization of laborers:the subject’s uncertain legitimacy; the subject’s vague independence; the organization’s unclear rights and obligations; the organization’s non-standard governance structure and the organization’s rights keeping achievement without guarantee. This dissertation analyzes the above legal issues one by one.Novelty of this dissertation is to solve five legal issues on the spontaneous rights keeping organization of laborers. By retrieving domestic and foreign documents and materials as well as referring theories of Japan, Germany, Britain and our Taiwan, on the basis of other countries’ laws, combined with the existing laws in our country, the author puts forward by adding articles of law to ensure the legitimacy of the spontaneous rights keeping organization of laborers, shifting government functions to maintain the independence of the spontaneous rights keeping organization of laborers, setting the legal regime to guarantee the achievements of the spontaneous rights keeping organization of laborers. At the same time, this dissertation customizes the rights and obligations for the spontaneous rights keeping organization of laborers. And referring to the company governance structure, it designs the governance structure for the spontaneous rights keeping organization of laborers to standardize the organization’s operation. Solutions are put forward by this dissertation to perfect the organization’s legitimacy, ensure the organization’s independence, guarantee the achievements of the organization’s rights keeping and clearly define the organization’s rights and obligations, design the organization’s governance structure from both external and internal environment perspectives. According to the different legal difficulties, the author designs different ways to make the spontaneous rights keeping organization of laborers concrete and operational.