The Location And Perfection Of The Functions Of Labor Supervision

As a typical social law, Labor law have both private law and public law factors. On the one hand,workers and employers sign labor contracts through autonomy, on the other hand, labor supervision guarantee the implementation of the Labor Standards Law to protect workers. With the development of economy and society, the labor relations are increasingly complex,although Chinese labor supervision has made some achievements, there are still many problems about its functions that require analysis and resolving.This paper describes the generation and significance of the labor supervision system, and analyze the factors which influence its functions.In addition to lacking of coercion, independence and administration resources, the most fundamental problem is that the positioning of labor supervision functions is not clear enough, which is reflected from the overlap between labor supervision and labor arbitration.The public right intervene in the labor relations based on the labor standard norms, so the basic principles of labor supervision are respecting the contracts and power boundaries. The functions overlap rooted in weak social autonomy, administrative power has to make up the weak autonomy, thus resulting in the dislocation of labor supervision functions.The development of the Chinese labor supervision system is different from western industrialized countries’, so the perfect strategies of the system and must be placed in the Chinese social reality. In fact, the labor supervision also solve some labor disputes, drawing on the relevant provisions of international labor supervision system, we should locate and improve the labor supervision system form the perspective of multivariate dispute settlement mechanism.Which means,firstly,classify labor dispute to clarify the scope of labor supervision functions. Secondly, we must strengthen the enforcement tools as well as the prevention function of supervision system.Anyway, the long-term goal of Chinese labor relations adjustment should be develop autonomy of workers,in order to build the Tripartite Consultation mechanism.