Protection of workers solved a few problems _3398 -

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Protection of workers solved a few problems

Since 1995, China implemented the However,[link widoczny dla zalogowanych], China's labor system and as such there are still deficiencies in practice there are also inadequate protection of labor rights issues. Chinese papers League finishing. Current labor system in the protection of labor rights problems in labor relations problems in the establishment - the kind found in the trial, a labor relations of workers are often prone to Protection adverse problems, mainly reflected in the following areas: (-) according to the employer and the worker does not sign labor contracts. As the labor contract law system on the labor contracts and labor contracts mandatory procedures, the lack, coupled with other factors, in practice, the fact that the formation of a large number of labor relations, especially in the private sector, the employment contract without swimming without insurance for relatively serious. The nature of employment in state-owned units, there are no great importance to labor contracts, and some employers and workers have not yet signed by the provisions of labor contracts; some of the labor contract has expired, employers and workers do not re-signed labor contracts, labor relations form the fact that these serious violations of the legitimate rights and interests of workers. (B) the labor contract, due to the unequal status of the contracting parties, the contents of the labor contract for workers will tend to reflect less. Many employers and workers labor contracts, often the main contents of the contract to develop into a formatted, finalized the terms of the contract the other party workers as there is little or no discretion. Workers often have only signed contract or not freedom of choice, in this case, the worker is very difficult to fully meet the intent of the expression. Moreover, the labor contract also points where the main contract will be two forms of attachment. Employers tend to simplify the first part of the content, and refined the latter part of the content, so that when signing the contract workers, often do not understand or do not fully understand in the case of commitment. (C) of the labor contract, the less the stability of labor relations. In the labor contract, the non-fixed term labor contract was too narrow. In practice, the employer will create pressure for workers so that workers can not claim rights under the law, it is difficult to enjoy the labor laws and regulations in the labor protection, working hours, wages, give workers rights, but also to No professional workers sense of stability. Labor relations and disarmament process in the performance of a common problem - the course of implementation of labor relations, labor process, the employer controls the state of the records, supervision departments often emphasis on the supervision of workers to fulfill their obligations to the employing unit little or almost no oversight. The employer is not conducive to workers in making decisions, the impartiality of the lack of reliable procedures for protection, often employers have the final say, not to mention listening to the views of workers. The course of implementation of labor relations, the most prominent issue is the employer free to terminate the labor contract. In particular, some non-public economic nature of the business, labor contracts with workers, do not according to law, arbitrary, or arbitrary labor contracts with workers Case list goes on. Internal rules and regulations such as the abuse of labor contracts with employees, the so-called Labor Disputes the main problems existing in the process - first of all, labor dispute handling mechanism is not conducive to the dispute resolved quickly. Second, the current labor legislation of the labor dispute arbitration system of the State is still not perfect, especially the labor dispute arbitration appeal of the suspension, termination and extension of the lack of clear rules, parties to the dispute are not conducive to the protection of labor, especially in the labor dispute often in a weak position in the legitimate rights and interests of workers. Strengthen the protection of labor rights Countermeasures over labor rights protection in order to change a negative situation, I believe, from the following aspects: (a) further improve the labor contract system, strengthening the protection of labor rights. Improve the labor contract system is very important, related to labor relations, and whether the protection of labor rights into the legal system. (B) take measures to minimize the inequality of workers and employers. A sound social security system to further expand the coverage of social insurance, eliminating worries of workers. Second, strengthen vocational training, improve the employability and competitiveness of ordinary workers to make up most of the disadvantage of workers, reduce their dependence one of the ways. (C) fully open up and play the role of trade unions, the trade unions to perform their duties to safeguard the interests of workers to shift the focus onto. China should further enhance the status of trade unions, trade union rights clear to compete in the internal mechanism of the formation of labor. (D) strengthening of collective bargaining and collective contracts. Through collective bargaining between trade unions and enterprises, and the signing of collective contracts will determine most of labor relations in the collective contract is through the collective strength of workers against corporate abuse of rights by the terms of the effective formatting methods. (E) to further develop labor inspection function. Reporting system to establish a labor contract, the employer should be in the labor contract within a period of time after the labor contract to the labor administrative departments for the record, the labor administrative department of the employer's workers lay the foundation for supervision. Labor administrative law enforcement departments to enforce labor laws and regulations deal with business and labor contract supervision and inspection in a timely manner to the enterprises terminate the labor contract law to correct the behavior and strengthen enforcement of labor labor department found violations, timely corrections supervision, if the circumstances are flagrant, be punished according to law. (F) establishment of labor dispute settlement system of the sub-tracks, namely The parties have the labor dispute, the mediation agency mediation fails or the parties do not want mediation, the party may apply for arbitration and litigation in the free choice between one of, if applying for arbitration may not be brought to litigation, arbitration award shall be final; If the proceedings, shall not apply to arbitration, litigation practice second instance is final, thus shortening the processing time of the dispute, reduce the cost of dispute resolution and respect for the parties to the dispute the choice of treatment.

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