| The labor relation is the most basic social relation,and whether the labor relation is harmonious or not directly affects the construction of the harmonious society.What is the definition of harmonious labor relationship? Although there is no unified definition in the academic circle,there is a consensus that the harmonious labor relationship requires the dynamic balance of interests between workers and employers.Therefore,the most critical task of constructing harmonious labor relations is how to promote the substantial equity between labor and capital.The formation of labor relations is originally the meaning of free contracting between the laborer and the employing unit independent behavior,and there is freedom to pursue their own interests to maximize,but this is only a kind of superficial equality,can not achieve the real benefit sharing,the essential reason is that there is a real quality between the laborer and the employing unit inequality.Workers generally have a weak foundation,facing the pressure of survival,and lack of bargaining chips to "threaten to quit" with the employer,while the employer has an absolute advantage in this negotiation with its market position.When this substantial inequality gradually exposed,the state realized that it must strengthen the regulation of this private contract to achieve substantial equality.Through the formation of labor supervision system and the establishment of labor security supervision and enforcement right,to achieve the national inclination to protect workers,and promote the harmony and stability of labor relations.On the contrary,it is still in the pattern of capital and labor,labor and labor forces are not balanced,can’t achieve substantive equality of labor relations.The accumulation of this inequality leads to labor-capital conflict.At present,the causes of labor disputes mainly focus on the signing of labor contracts,the length of working hours and the payment of labor remuneration.To build a harmonious labor relations as a systematic project,needs the involvement of the labor security supervision,to moderate intervention of labor relations,give full play to the low into nature and the efficiency of administrative law enforcement and the advantages of the initiative,and in the process of handling cases,and to the illegal behavior of unit of choose and employ persons shall be given administrative punishment to deter.Although the department of labor security supervision enterprise obligations in supervision of unit of choose and employ persons actively and timely correct illegal behavior play an irreplaceable role,but also exposed the labor security supervision in our country in different degrees in the real power in the process of building harmonious labor relations is still struggling to,can’t very well help harmonious labor relationship and provide effective protection.This paper intends to make a profound analysis of the deficiencies and specific reasons of the construction of harmonious labor relations under the supervision of labor security in China by referring to the actual cases.The deficiencies are mainly reflected in three aspects,that is,the imperfect mechanism of law enforcement bodies,the inadequate performance of law enforcement functions and the imperfect means of law enforcement.The fundamental reasons that affect its insufficient efforts are: the relative weakening of departmental interest disputes and the status of labor supervision,the lack of effective cooperation between labor supervision and law enforcement,and the mismatch between labor supervision legislation and its responsibilities.Therefore,this paper aims to improve the comprehensive law enforcement ability of labor security supervision from the following three aspects: perfecting the law enforcement subject,enhancing the law enforcement ability and innovating the law enforcement means,so as to fully guarantee the construction of harmonious labor relations. |
