Exploring The Groups Labor Disputes In The Process Of Chinese State-owned Enterprise Restructuring

In order to adapt to economic globalization and the market economy, our country since the seventies and eighties of the twentieth century began to explore state-owned enterprises, which shares the restructuring of the wave continues to this day. In recent years, with the restructuring of state-owned enterprises continued to advance, and there were a lot of workers gathered, strikes and petitions and other events in the process of state-owned enterprises restructuring, it has seriously affected the normal operation of the production activities of enterprises and social stability. The frequent occurrence of such groups labor disputes in state-owned enterprises, the description of this type of event is not just a simple dispute, but reflect profound institutional issues behind the dispute.July 24, 2009, in Jilin Tonghua Iron and Steel Group’s plant, because of employee dissatisfaction through steel restructuring program carried out a large-scale gathering to protest and led to general manager of Jianlong Group was beaten to death in protest officers surrounded the tragedy. After the incident, sparked concern and discussion community, "Tong Gang incident" has become China’s SOEs typical cases.At present, there are three interpretations for "Tong Gang incident", the first interpretation that "Tong Gang incident" occurs due to the neglect of the democratic process; the second interpretation that "Tong Gang incident" occurred because the absence of trade unions; and the third interpretation that "Tong Gang incident" occurs due to state-owned workers’ state-owned complex. However, I don’t agree all these three interpretations.Through the interpretation of these three mainstream view, author explores the essence of the dispute hiding behind the event: First, in the second through steel restructuring in Tong Gang tragedy, it does not involve the employees resettlement program, even if fulfilled the democratic process. In accordance with the provisions of our law, employee is only entitled to right to make recommendations, suggestions, and in the Tong Gang Incident this kind of loss will not change the conflict, which is not caused by the root causes of the tragedy through steel. Rather, the lack of democratic procedures on the cover under the property rights system problems prevalent in state-owned enterprises. Since the issue of property rights inherent in state-owned enterprises, state-owned enterprises led to widespread owner absence phenomenon. In Tong Gang restructuring process, as the representative of the owner of that is Jilin SASAC failed to play its role as an investor, resulting in the loss of state assets through the restructuring process, and the state-owned assets flowing into the pockets of individuals from the state where is the contradiction of the production potential problems. Secondly, in the event of Tong Gang Incident, the absence of trade unions is not the main cause of the incident through steel. Because in our country under the current system, trade unions undertakes too many functions, and depending on enterprise so seriously, which is hard representing the interests of workers, even Tong Gang trade union fulfill its functions according the PRC laws, it can’t eliminate the contradiction enterprises and workers in nature. "Tong Gang incident" in essence is an event caused due to the company’s internal control. Because the absence of owner, the managements of state-owned enterprises can take control of enterprises and get profits easily. In the Tong Gang enterprise there are also such problems, in the first time through steel restructuring, it did not touch the interests of its managements, so the restructuring plan can be implemented. But in the second restructuring plan in the interests of management will be directly affected, so the managements refused immediately. Throughout the process of Tong Gang Incident, the whole tragedy occurred is not only targeted but also organized, which allows us to have suspected the incidents was incited by Tong Gang managements. Thirdly, "Tong Gang Incident" is not essentially like Jilin SASAC spokesman said that is due to "state-owned complex". State-owned complex is contrary to the social and economic development, which should not be trumpeted. Through restructuring process, the biggest problem is that the dissatisfaction of workers from unfair distribution of benefits. In the restructuring process, the management was a great benefit, but employees not only did not receive any benefit, but also facing unsustainable survival plight, widening the gap between rich and poor, so that workers fired for restructuring."Tong Gang incident" reflects the profound nature of groups labor disputes in the process of SOEs restructuring in our country, for this kind of group labor disputes, author carried out the following thinking: First, the introduction of owner pluralism in state-owned enterprises is necessary, so that all owners are able to contain between each other, and to avoid the phenomenon of the owners of virtual spaces. Secondly, the SOE management supervision and management mechanisms should be established to avoid the phenomenon of internal control of state-owned enterprises. Finally, during the restructuring process should pay attention to protect the interests of workers, and to improve gradually improve China’s social security system.