The Workers Congress’s Codetermination Duties Of The Labor Rules And Regulations

Article 4 of the Labor Contract Law initially establishes the‘codetermination’ between the labor and capital on the labor rules and regulations,that also gives the codetermination duties to the workers congress.However,due to chinese workers congress system is not synchronized with the economic system reform and the market transition,all aspects of its nature,status,functions and responsibilities,legal duties,operational mechanism basically remain in the socialist public ownership and planned economy era.The Lag of the reform of the system,lead to the codetermination duties on the rules and regulations can not be fulfilled,codetermination become formalistic.Therefore,research on codetermination duties of the workers congress has important theoretical value and practical significance.In this paper,how to realize the workers congress’ s codetermination duties on the labor regulations is the specific research perspective,analyzing the specific problems existing in the current workers congress and proposing the reform of the workers congress‘s codetermination duties on the labor rules and regulations.This paper revolves around how to make the workers congress’ s codetermination duties on the labor rules and regulations empirical.This article mainly includes three parts:introduction,text and conclusion.The text includes four chapters.The introduction part introduces the background and the reason of topic of this study,discusses the theories and practical meaning of the study,introduces the research situation of the subject and carries on the analysis,and illustrates the difficulty of this research and innovation,and finally points out the research ideas and research methods.The first chapter is the theory part of this paper. Firstly, ‘codetermination’definitions are explained, analyzes the meaning of codetermination, implementing agencies and implementing objective. Then the theory of nature of enterprise, property right cooperation are analyzed, and points out that the combination of harmonious labor relations need material capital and human capital, coupled with the nature of the labor rules and regulations analysis,finally obtains the labor rules and regulations need labor agreement to be reached. Theabove illustrate the importance of codetermination.The second chapter mainly through analysis of article 4 of the ‘Labor Contract Law’,clear the differences ‘codetermination or ‘single will’ on the labor rules and regulations,analysis the main content of the ‘codetermination’ duties. This chapter mainly lies in analysising the legal capacity,obligation and the capacity to action of workers congress from a legal ideal and normative analysis angle, which provides theoretical support for the reform of the basic framework of the workers congress.The third chapter is about the capacity to action of the workers congress.Focus on the function,the organizational system,property status of the existing workers congress.through the analysis,summarized the current deficiency of the capacity of action,and points out that the whole workers congress lags behind the economic system reform and development of the economy market.This is the basic reason on its inability to perform well on the codermination duties on the labor rules and regulations.Finally,discussing the necessity of the workers congress reform,pave the way for law reform below.The fourth chapter is the countermeasure and suggestions of this paper.In the study of the related system in France,Japan,Germany,through the analysis of foreign system comparison,summed up the beneficial to our country.At the same time set out the goal of the rule of law in the direction,mainly discusses the concrete reform methods of rule of law.Finally,the conclusion summarizes and reiterates the view,but also hope to have the deeper research in the future,the form and content of the workers congress system can innovate,change the current problem of the workers congress in our country like lack of uniform legislation system and tendency of codetermination duties on the labor rules and regulations.Looking forward to the discussion can provide some useful reference for the perfection of the workers congress’ codetermination duties on the labor rules and regulations.To sum up, the main findings of the paper are:(1) based on the modern enterprise theory,the enterprise shall be the combination of the labor and the capital, and the nature of the labor rules and regulations is the consensus of both labor and capital.the basic path to achieve the desired equality should be labor negotiations or consultations.(2) Article 4 of the Labor Contract Law only general provisions codetermination on the labor rules and regulations,because the legislation is not clear,it not eliminate the debate on the codetermination or single decision system; ‘Labor Contract Law Implementing Regulations’ also did not makefurther provisions. The defects in legislation lead to difficulties in practice, the reality of the rules and regulations of labor codetermination generally did not realize.(3) in our country the system of workers congress is still generally remain in public ownership and planned economy era, it serious lag in the economical system reform and the development of the market economy condition, there are significant deficiencies in its subject, status,organization, authority and responsibility(right ability), legal responsibility, behavior ability,it is unable to complete the responsibility on the labor rules and regulations, the dereliction of duty is inevitable, so it should be reformed, implement the empirical and the rule of law of related responsibilities. The main views of the paper:(1)adhere the workers congress’ main responsibility on the labor rules and regulations clear the workers congress’ rights and obligations of duty and legal liability on the labor rules and regulations by law(2)in the law reform process of the workers congress,attention to the need to comply with the economic democracy, according to market economy rule, grasp the workers congress’ inherent nature, consistency must pay attention to the macroscopic and microscopic target of the workers congress reform.(3)conduct a comprehensive building on the workers congress’ equal negotiation ability(including its nature, function, organization), establish and attach importance to the multiple mechanism, form an organic whole mutual cooperation.(4)special attention to achieve the legal protection problem, not only to carry out supervision on administration, but also endows the labor of litigious right,inflict civil liability, and earnestly safeguard the smooth implementation of the workers congress’ s codetermination duties on the labor rules and regulations.