Studies On Legal Problems Of Trade Union’s Coordination Of Non-public Labor Relations

In modern society, labor relations are the most basic and most important economic and social relations. Whether the labor relations are harmonious or not is not only directly related to the vital interests of laborers, but also affects the development of economy and the stability of society. Some China’s relevant laws have been established and given laborers the equal economic status with the basic rights and obligations. However, with the deepening of socioeconomic transition and change, the socioeconomic environment for laborers to implement the relevant rights and interests has undergone profound changes, which makes the labor relations more complex than any time in the past. Labor relations are becoming a major issue and sensitive problem that could not be avoided in the process of economic development.In recent years, the proportion of non-public economy in the country’s GDP is increasing year by year, which plays an important role in the national economy. The non-public enterprises promote the economic growth and solve the employment of laborers, however, they also trigger a series of labor disputes, especially the basic legitimate rights of laborers in wages, working hours, labor safety and personal protection and so on are frequently infringed. Some unstable and disharmonious factors exist in labor relations. The labor conflicts show the dominant and sharpened situation.As the representative and maintainers of workers’ interests, maintenance is the basic responsibility of trade union. This kind of maintenance is vested by law and achieve through the coordination of labor relations. Since Labor Law was promulgated in 1995, trade union organization has attached great importance to participate in the adjustment of labor relations, actively promote and participate in the national laws and regulations formulation, extensively conduct the collective negotiations and democratic management system, participate in the labor dispute mediation, arbitration and litigation. Trade union plays an important role in building an equal platform for dialogue between employers and employees, promptly resolving labor disputes, maintaining the laborers’ legitimate rights and interests, promoting the harmonious development of social economy. As the socialist market economy continuously perfect, the labor relations develop in the trends of marketization, contractualization and diversification. However, with the imperfection of the labor law system, the frequent occurrence and complication of labor conflicts, and the inexperience in managing the labor relations in the market economy, the present trade union system and the traditional working operation mode are both facing challenges, which restrict the effective operation of the trade union to coordinate labor relations. Analyze the basic features and existing problems in the non-public labor relations, and try to explore the ways for trade union to coordinate the non-public related legal systems in the aspects like labor contract, collective negotiation, processing the labor disputes, coordinating the labor relations tripartite mechanism and so on. In additions, analyze the status and functions, legal ground, and the reasons of legal barriers and law deficiencies of trade union as the role of the coordinator of labor relations. Meanwhile, propose a perfect legal system of labor relations and the strategies that could help the trade union to effectively participate in the coordination of labor relations. All of these above are of great importance for trade union to coordinate and stabilize the labor relations. Furthermore, they are very significant to maintain a stable staff team and promote the harmonious development of enterprises and economic society.