Research On The Legal Problems Of Double-track System Employment Of State-Owned Enterprises

The two-track system of workers in the state-owned enterprises is divided into two categories: outreach workers and institutional laborers,their wages,benefits,social security,vocational training,development prospects and the identity of the enterprise,a sense of belonging and other aspects of the existence of a huge difference in the form of employment,and its essence is institutional,institutional identity discrimination.Currently,it has two meanings:The meaning of the first layer is that while workers sign labor contracts with state-owned enterprises and establish direct labor relations,there are still identity differences among workers,that is,whether or not the establishment of substantive protection as a distinction can be divided into formal workers(within the system)and labor contract workers(outside the system);The meaning of the second layer is that To distinguish between establishing direct labor relations with state-owned enterprises,they can be divided into workers(including formal workers and labor contract workers)who sign labor contracts with state-owned enterprises and workers who have not signed labor contracts with state-owned enterprises.The latter part includes labor dispatching workers and labor outsourcers and temporary workers(outside the system).In this paper,based on the analysis of multi-state enterprise group labor disputes,the sample cases collected and collected were divided into two groups according to the characteristics of double-track employment: group labor disputes involving workers within the system and workers without the system,and summarize the motivation and interest demands of laborers in these two types of incidents.It is the main reason for restricting and binding employment efficiency of state-owned enterprises,exacerbating the imbalance of labor relations,damaging the legitimate rights of workers and resulting in a large number of mass labor disputes.This article consists of three parts: introduction,body and conclusion.The text is divided into four parts:In the first part,due to the systematic division of labor for the dual-track employment model of state-owned enterprises,there are two types of agents: the laborers within the system and the laborers outside the system.Therefore,this part mainly analyzes the two types of workers in the case of multiple group disputes with state-owned enterprises,and summarizes the major legal issues in the dual-track employment model of state-owned enterprises from the case events.The second part introduces the connotation and legal nature of the dual-track employment model of state-owned enterprises,including the characteristics of the dual-track employment model and the current status quo of the state-owned enterprises choosing dual-track employment.And analyzes the legality and rationality of state-owned dual-track system and the complicated labor law relationship contained in it.The third part mainly analyzes the main reasons for the existence of legal problems in the dual-track employment system of state-owned enterprises,including:The historical legacy of the planned economic system;the impact of the wave of economic globalization on state-owned enterprises;the segmentation of the labor market in our country;the imperfection of laws and regulations;the deviation of the role of local governments in the implementation of legal policies;awakening of the Needs and Consciousness of Workers' Rights Outside the System.The fourth part,finally through the above analysis of the dual-track employment,the author believes that the establishment and improvement of the labor rule of law is the main method to solve the dual-track employment,and mainly from the principles and objectives and specific measures to reflect on two levels,embodied in:Maintaining the basic rights of laborers in dual-track employment;Monorail system-Completely market-oriented goals.To clarify the legal provisions against discrimination against discrimination;to increase the suitability of equal pay for equal work;to establish a labor union and a collective bargaining system in line with the workers of state-owned enterprises;to improve the social security system and expand the scope of workers' protection;Establish a labor administration system to ensure the effectiveness of labor inspection.This study found that:First,in the dual-track employment system of state-owned enterprises,the basic rights of workers,such as property rights,labor rights,equal rights,work rights and social security rights,are still incomplete or inadequate.Although the workers within the system and the workers outside the system all work in the same enterprise,due to the non-market-oriented institutional reasons,there are many differences between the two in state-owned enterprises.Second,from the other side,the main demands of laborers in the state-owned collective labor dispute cases reflect some legal issues concerning dual-track employment,such as institutionalized status discrimination,equal pay for equal work,lack of trade unions and collective bargaining mechanisms.Therefore,these issues are also the focus of the legal regulation of dual-track employment.Thirdly,since 2008,labor laws and regulations and labor policies have adopted a tacit and tolerant attitude towards the dual-track system of state-owned enterprises on the conceptual level.Its essence is to make the workers outside the system bear more labor costs,which is the problem of passing on the costs.This kind of efficiency-oriented employment has seriously damaged the rights and interests of laborers in the dual-track employment of state-owned enterprises,and has led to the problem of workers outside the system resisting discrimination in order to seek fair treatment.Accordingly,this article suggests: It is impractical to pinpoint the vested interest groups of laborers within the system to promote the market-based reform of the dual-track employment system.We must rely on external forces such as the rule of law for rule-based intervention.Through the awakening and strengthening of the demand for labor rights of workers outside the system and their awareness,we should stimulate,urge or forcestate-owned enterprises to implement monorail work.However,this process is gradual and can not be carried out in a single step.It can not be accomplished in a single step.How to protect the basic labor rights with equal labor rights as the core,refine laws and regulations on discrimination against discrimination and perfect the trade unions,collective bargaining mechanisms and social security are the key points to solve the dual-track employment system.