Study On The Relief Of Unsuitable Labor Behavior By Employers

At present,workers and employers are two main bodies in the relationship of labor structure in China.The strength of the units is more obvious,and the power of the employers is more powerful,and the power is stronger.However,workers are disadvantaged in both resource possession and labor negotiation ability,and the disparity between the two forces makes the two sides unequal and unsymmetrical in the collective bargaining.To a great extent,the workers' rights,such as obtaining remuneration,should be reduced to a large extent,and even the cost of the employers should be borne by the employers.It was passed on to the labourers.Such as the decision making errors of the employing units,and the reduction of the laborers' safeguard standards after the failure of the market competition.Under the reality that the legitimate rights and interests of labourers are hard to be protected.In order to solve the practical problems faced by the laborers,this paper makes an in-depth analysis on the relief of the improper labor behavior of the employers in our country,using the advanced theories of the main countries and regions.This article is divided into four parts:The first part is the basic theory research on the improper labor behavior of employing units.This section explains and introduces the concept,characteristics,classification,constitutive requirements and the basic theory of the identification standard of the unsuitable labor behavior of the employer,which lays a theoretical foundation for the further study of the latter.The author believes that the research on the relief work of the employer's unsuitable labor depends on the analysis and precise control of the elements and standards of the unjust labor behavior of the employer,so that it is more pertinent and scientific to its relief and more comprehensive and accurate to protect the workers from being infringed.The second part: the current situation and existing problems of our employers' improper labor behavior relief system.This paper introduces the present situation of the relief system for the improper labor behavior of the employer in our country,that 2 is,the current situation of the existing relief legislation on the relief of improper labor behavior of the employers,and the current situation of the relief channels from four aspects of administrative,civil,social and judicial aspects,as well as the unsound mechanism of trade union rights protection,the problems in the collection negotiations,the lack of identification and discretion.The existing problems in the three aspects of the employing unit's inappropriate labor behavior are analyzed.On the whole,the key to these problems is the strength of individual labourers and their employers.The employers can unscrupulously interfere with and control the trade unions,making it impossible for the trade unions to carry out the normal activities,causing the workers to slowly break away from the trade unions and the collective bargaining can not be carried out,and damage the legitimate rights and interests of the workers.Because the illegal cost of employing units is too low,there are more incidents that infringe the rights and interests of workers.The high cost of protecting the rights of workers leads to the workers' reluctance to maintain their legitimate rights and interests through normal ways,and it is possible to make excessive social stability.Therefore,faced with these urgent problems,the relief work of employers' improper labor behavior needs further research.The third part: the investigation and reference of the improper labor behavior of employers in major countries or regions.This paper introduces and analyzes the unsuitable labor relief system of the employers in the United States,Japan and the Taiwan region of China,and focuses on the unjust labor behavior system in the United States.The relief system of employers' improper labor behavior is gradually formed and improved through the accumulation of time and practice.In the process of improvement,we have always adhered to the purpose of protecting workers' solidarity,focusing on the tightness of decisions and the attitude of redeployment in practice,which is very worthy of reference.Although the relief system for improper labor behavior in Japan is different from the United States in structure and procedure,it is also examined by a Special Administrative Committee on improper labour behavior,and has adopted a relief order in the process of handling the consequences to maintain or ensure labor and capital.The relationship between harmony and stability is the same as the starting point of American legislation.The relief system of unsuitable labor behavior in the Taiwan area of our country is a quasi judicial mechanism between the administration and the judicature,which is organized by the provincial,municipal and county authorities to deal with cases of improper labor behavior by the employers,and the possibility of entering the judicature is still possible.Our country can make moderate reference to the employer's improper labor behavior relief system in the US,Japan and Taiwan,so as to solve the complex labor problems.The fourth part: the countermeasures to improve our employers' improper labor behavior.This part is perfected from three aspects: the trade union's independent exercise of rights,the importance of collective bargaining and the setting up of special relief institutions.Trade union's independent exercise of power enables workers to exercise collective bargaining power more effectively,and also prevents employers from interfering with and controlling trade unions' actions.The establishment of specialized agencies can be used to conduct systematic trials and Adjudication of improper labor behavior cases,and to form a case diversion to reduce the pressure of the court,and to ensure the effect of relief.The more scientific design of the improper labor procedure of the employer and the application of the rules of civil procedure can make the result more fair.The result of the award is given the nature of quasi judicial.It clearly stipulates that the effectiveness of the adjudication institution is equal to the validity of the civil judgment or the verdict,so that the verdict has a strong effect in order to safeguard the stability and harmony of the society.As an important subject in the field of labor law,the relief system for the improper labor behavior of the employing units should be made in law to refine the existing labor relations and increase the ways to solve the labor disputes,delimit the types of the improper labor behavior of the people,and clarify the elements and the criteria for identification.