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Policy Implementation Research On Protecting Labor Rights Of Flexible Employees

Posted on:2015-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:S XuFull Text:PDF
GTID:2296330431964519Subject:Administrative Management
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Various forms of flexible employment sprung up since the1880s. This flexible changepromoted employment and the development of market economy. But at the same time,it also gave rise to series of social problems. For example, flexible employees areseverely threatened by social exclusion, lack of occupational safety and healthprotection and torts. Whether labor rights of flexible employees can be protecteddecides whether flexible form of employment can be improved in a healthy way.Furthermore, flexible employment has a great significance on accelerating employmentsituation and maintaining social stability.The ILO, the EU and some developed countries have put labor rights protection offlexible employees into the long-term development planning and taken measures toensure the effective policy implementation. Compared with the developed countries,China’s labor rights protection of flexible employees in the field of theory and policypractice started late. In China, low-quality flexible employees are often regarded asmarginal groups whose labor rights protection are difficult to achieve. Although China’sgovernment introduced relevant policies on and on, policies are hard to play effect tobenefit flexible employees. Their situation of labor rights protection is still tough.Hence, China’s government needs to attach importance to the problem of flexibleemployees’ labor rights protection in the field of policy implementation.The purpose of this study was boosting efficiency and effectiveness of policyimplementation in order to protect the labor rights of flexible employees in a better way.The study is based on analyzing difficulties and causes of policy enforcement inprotecting flexible employees’ labor rights and tries to find out the sticking point so asto put forward solutions to the problem. The article reviews the situation of protectinglabor rights of flexible employees in the field of policy implementation at home andabroad through literature review. On the basis of comprehending relevant theories ofpolicy execution, this article takes labor rights protection of China’s flexible employees as the research object to launches to the questions elaboration. Firstly, some difficultiesin the policy implementation are discussed. Secondly, regarding the influence factors ofpolicy implementation as the basic clues, the reasons bringing about current difficultiesin terms of policy implementation which protects flexible employees’ labor rights areanalyzed. Thirdly, the ways in which the ILO implemented international conventions,positive effects on member countries which come from tripartite of the labor relationsof the UN, the innovation in policy design and the experience of policy execution inprotecting flexible employees’ labor rights in developed countries, like Japan,Netherlands, Denmark and the US are used for references through the comparativeapproach. Last, on the basis of combining foreign advance experience with China’scurrent situation of the development of flexible employment, suggestions of improvingpolicy implementation are proposed.Through research, it was found that problems such as the social unfair treatment, theparticularity and complexity of the groups which policy refers to, the lack of effectivecommunication and cooperation among policy enforcement agencies broughtdifficulties to policy execution. On the one hand, from the angle of policy, the causes ofdifficulties are policy’s characteristics leading to conflicts of interest, the loss of centralauthority resources, the imperfect design of social security policy; on the other hand, Inaddition to the policy factor, there are some other reasons: relevant governments has notgiven full attention to the importance of policy implementation in protecting flexibleworkers’ labor rights; supervision of policy enforcement is weak; the transmission ofinformation in the process of policy implementation lacks efficiency; the tripartite oflabor relations is inadequate. The ILO, the EU and some developed countries havetaken measures to protect labor rights of flexible employees, like the innovation oflegislation, giving full play to the role of the consultation mechanism, promoting thecombination of protecting labor rights and perfecting social security, strengthening thestrict supervision of policy implementation. They have made great progress inprotecting labor rights of flexible employees. This demonstrates that the improvementof effectiveness and efficiency of policy implementation is closely associated withpolicy environment, the policy, actuator regulators and target groups. Hence, this article puts forward with countermeasures and suggestions from the aspects of perfecting thedesign of the policy, promoting the cooperation among executive agencies,strengthening the supervision of policy implementation and improving abilities offlexible employees. Suggestions are mainly as follows:(1) Governments at all levelsshould strengthen policy execution and promote the fairness of policy implementation.The situation of policy implementation in protecting labor rights of flexible employeesshould be brought into appraisal targets of local governments’ performances. At thesame time, we should enhance the fairness of policy implementation for the vulnerablegroups by improving the model of policy implementation, regarding flexibleemployment group as key protected object, promoting the equal dialogue andconsultation among different subjects.(2) Different organizations and agencies shouldundertake further work on partnerships in order to carry out the policy smoothly.Moreover, the construction of the tripartite consultation mechanism should beintensified.(3) Optimizing the supervisory system so as to beef up the supervision ofpolicy implementation. Furthermore, we should enhance the internal supervision andexternal supervision by means of reinforcing the supervision of information in theprocess of policy implementation.(4) Relevant departments should further improve thedesign of related systems and innovate legislation for purpose of increasing theflexibility of social security mechanism and meeting the needs of flexible employees (5)Governments should take measures to improve abilities of flexible employees and helpthem to hold the initiative via improving their abilities of cognizing the policy andstrengthening their collective bargaining power in order to strive for more rights innegotiations with employers.
Keywords/Search Tags:flexible employment, labor rights, policy implementation
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