Study On The Issue Of Labor Inspection In China

Labor inspection is not only an internationally accepted social management system, but also the government’s administrative enforcement activities used to standardize the labor relations legally, with statutory, administrative nature, specifically, mandatory features. With the rapid development of society, labor relations have undergone profound changes in our country, showing diverse, dynamic, complex features. Labor conflicts also gradually increase. However, China’s labor inspection is facing lots of problems such as insufficient infrastructure, low effectiveness of law enforcement, not smooth relations with other departments and so on. Labor security is a major issue related to social justice and social harmony. In this context, it is necessary to strengthen the construction of labor inspection, solve problems faced by law enforcement of labor inspection and build a favorable environment for labor inspection. These important issues both have theoretical significance and practical needs in promoting the development of labor inspection.This present paper is divided into five chapters to elaborate.The first chapter is an introduction, introducing the background and significance of the research. The current study has found the following shortcomings: First, the theory and practice of the situation is somewhat disjointed. The second is that research outcome from the perspective of public management is relatively small. The third is that employees of labor inspection are less involved in theoretical research. And then the research ideas, research methods and possible innovations are clear.The second chapter is an overview of labor inspection, introducing the production and development of domestic and foreign labor inspection. It makes the basic contents of the labor inspection clear and explores in detail the implementation mechanism of labor inspection, which has laid a solid foundation for the analysis below.The third chapter is about China’s labor inspection problems at present. It discusses the problem from the following four perspectives: the lack of infrastructure, law enforcement facing multiple challenges, not fully fulfilling the functions, relationships with other departments not smooth. Specifically, insufficient infrastructure of labor inspection includes inadequate team building and shortage of fund. The main challenges faced by law enforcement include law enforcement interference, poor effectiveness as well as the difficulties in performing the task and facing challenges of new situation; Not fulfill the functions of content and preventive functions to perform incomplete; The relationship problems with other sectors focus on the relationship among labor inspection, labor dispute arbitration, and the joint law enforcement agencies.The fourth chapter provides analysis of the causes of the current problems from a legal perspective, internal organs and external environment of labor inspection. Reasons of legal aspects, includes the low level of legislation and the legal definition is not clear. Besides, when it comes to the administrative authority of labor inspection and accountability of employers who are directly responsible, the construction of the relevant legal liability lag. Reasons inside the labor inspection organs include territorial management, unreasonable monitoring idea. The reasons related to the external environment include five aspects. Firstly, the external environment’s requirements for the labor inspection continue to increase. Secondly, workers’ concept of protecting their rights according to the law is inadequate. Thirdly, there is a game between the employer and the law enforcement agencies. Fourthly, labor unions did not play its due role. Lastly, our country’s labor and social security policy orientation stays in a non-equilibrium state.Chapter five presents suggestions for the above problems and corresponding analysis. The first one is in need of a reasonable position and the department of labor inspection’s functions should have a clear range. Emphasize equal importance of labor rights protection and the protection of employment. Reasonably determine the functional orientation of labor inspection. Increase functions of the legislative proposals of labor inspection agencies and personnel. The second is to establish a sound system of labor and social security laws. Enact "the Labor Inspection Act" as soon as possible. Legal provisions on employers’ repeat violations should be added. Give the labor inspection organs administrative coercive powers appropriately. Add legal provisions on the employers’ responsibility as well as false and malicious complaints. The third is to strengthen the infrastructure of labor inspection. Improving the construction of labor inspection, innovation of personnel training mechanism, and comprehensively promoting the form of "two networks" management of labor inspection will be discussed respectively. Fourthly, several measures should be combined effectively to enhance the effectiveness of law enforcement surveillance. It specifically includes employers’ integrity records during the implementation of labor and social security law, publishing the major violations of labor and social security, promoting the system of one complaint with thorough investigation, application of responsibility system on the administrative law enforcement, and strengthening preventive measures. Fifth, improve the environment. Build an external power system to aid labor inspection work. There are four main measures including guide workers to defend rights validly and legally, giving full play to the role of labor union organizations, coordinating the relationship between labor inspection and labor dispute arbitration, and strengthen departmental combination on the basis of clear responsibilities.Finally, in the conclusion part, there is a reasonable prospect for the development of China’s labor inspection, holding the opinion that only under the principle of shared governance, workers, employers, labor unions, labor inspection departments cooperate in the management of labor relations and keep the labor relations develop in a balanced way, can we expect a long-term and sustainable future.