The improvement direction of Chinese industrial relations: labor laws and regulations as its basis, independent coordination of both sides of the industrial relations as its base, implementing the system of labor contract and collective agreement as its basic form, the tripartite bargaining among government labor and security department, trade union and enterprise organization as its orientation, establishing the macroscopic early-warning system of industrial relations and perfecting labor dispute dealing with system as its guarantee, realize the standardization and legalization of adjustment mechanism of industrial relations. Particularly, the improvement of Chinese industrial relations should do a good job in the following respects:
4.1 Perfecting the system of labor contract, strengthening the construction of labor legal system
Labor contract system is the basic form to establish and change industrial relations under the market economy. The conclusion of labor contract is the legal basis to establish industrial relations. Once the labor contract has concluded, both sides of the industrial relations must fulfill according to it, those who violating the contract must undertake the legal consequence. At present, the emergence of Chinese labor dispute are caused in majority by having no contract, contract nonperformance and the terms reciprocity. To solve these problems, avoid or reduce the emergence of labor dispute, we must set up, pursue and perfect the system of labor contract even further, especially promote the non-state-owned enterprise to sign labor contract with the laborer, avoid the appearance of invalid contract, illegal contract and incomplete terms contract. Ensure the legitimate rights and interests of the enterprise or laborer not to be encroached through the contract.
At the present stage, quite a few problems of Chinese industrial relations that appeared in the enterprise are caused by the imperfection of labor legislation. In order to solve them, on the one hand, we must propagate energetically, carry out practically the stipulation of “labor law” and the relevant current laws and regulations, heighten the legal consciousness, the legal concept and the consciousness to deal with affairs according to the law; On the other hand, to meet the development of market economy and the change of industrial relations, we must accelerate making special labor laws, such as “the employment security law” ,”labor contract law”, “collective agreement law”, “minimum wage law”, “social insurance law”, “labor dispute handling law”, offer legal support for the standardized behavior and interests of both sides and the coordination of industrial relations.
4.2 Strengthening the organizational building of trade union, pursuing the system of collective bargaining, setting up the self-discipline and self-regulation mechanism of the subject of industrial relations progressively.
We should pursue the collective bargaining system actively in foreign-invested enterprise, private enterprise and joint-stock enterprise, amplify the collective agreement system in the state-owned enterprise that have set up the modern enterprise system, especially perfect the form and procedure of the inside democratic consulting, strengthen the dynamics of employees to participate in democratic decision-making and democratic management, Give play to the role of union and congress of workers and staff further. In the areas that possess the condition, we can continue probing and establish the tripartite coordinated organizations of industrial relations composed of government’s administrative department, trade union and enterprise organization, coordinate and solve the important problem of industrial relations in local area.
At present stage, the problems appeared in the Chinese industrial relations not only happen in the process of market exchange, but also inside the enterprise in a large amount. To solve these problems, besides relying on legal adjustment and arbitration, we must set up science, rational coordinating mechanism of industrial relations on microscopic aspects. Set up and pursue the system that union represented the workers bargain with the manager. Give full play to important function of the union in coordinating the inside relations of enterprise, dealing with the labor dispute and maintaining the legitimate rights and interests of employees. Through pursuing collective bargaining system to promote the establishment and perfection of trade union in private enterprises and joint venture and cooperated enterprises, promote trade union’s transformation in accordance with the market economy requirement, promote setting-up the independent status of state-owned enterprise and rational adjustment of industrial relations inside enterprises, make the Chinese industrial relations at present develop towards the direction of coordination and stabilization.
4.3 Strengthening energetically the revision of labor standard, perfecting the enterprise’s system of basic labor standard
Strengthen the socialized advisory service in the basic labor policy aspects.
Instruct all kinds of enterprises to set up and amplify the labor standard inside enterprises according to the labor datum of the country or the industry through collective bargaining, etc. Standardize the labor behaviors of enterprises in accordance with the law.
4.4 Playing the function of the informal organization in the coordination of industrial relations
Flexible form of employment, such as full-time, provisional, hourly, elastic working-hour form make traditional fixity, lifetime mode of employment disintegrate gradually, the substitute is a new type of phased and informal mode of employment. This will inevitably bring about the double or even multiple industrial relations, produce the contradiction between the new employer and the employee. This kind of contradiction shows as follows:
1) It makes the difficult degree of confirmation in the subject of industrial relations and the relations of their rights and obligations increase.
2) The industrial relations interweave with other relations, such as civil relation, economic relation, which make the difficult degree to deal with labor dispute increase.
3) Because the adjustment of economic structure and the diversification of ownership structure, various kinds of subjects are in the change of continuous split up and combination in the short-time. This change makes the industrial relations be in unstable state, it is easy to cause labor dispute.
4) Various kinds of intricate labor dispute make the existing labor law difficult and unsuitable to be the basis of dealing with dispute. Thus make the application of law become “the vacuum is taken”. So, giving play to the role of informal organization can solve this problem better. The existing policy and regulation should be revised, let the informal organization become the coordinating subject of industrial relations.
4.5 Improving the system of dealing with labor dispute, setting up and amplifying the tripartite participation and multi-level system of dealing with labor dispute
The dealing with labor dispute system that established in the “labor law” of China is the system of “one mediation, one arbitration and two trial”, among which the arbitration is the requisite way. The dispute that are not arbitrated can’t sue to the court. By the look of actual effect, this kind of system plays a certain role in the function of LDMC, lighten the working pressure of people’s court. But with the deepening of the market economic system and the new problems of the labor dispute appearing in a large amount, this kind of system exists many insufficiencies in the operation process: such as arbitrating by force that violates the principle of autonomy of the parties, influence the playing of the suing right of them; The procedure of mediation, arbitration, two trial and final in judgment is too long, it doesn’t benefit for dealing with the labor dispute in time, it increases the cost of safeguarding the rights of both sides of the industrial relations too; Arbitration disconnects with the lawsuit, do things in its own way. So, the dealing with labor dispute system still needs to be improved in the following respects:
1) Establish coordinating committee of industrial relations or the consultative committee of the labor and management inside the enterprises and form the regular negotiation mechanism. That is to say, the representatives of union or representatives elected by the employees communicate and consult with the managers in time on the problems that happened in the operation process of industrial relations, these problems are related to interests of enterprises and employees; Holding the consultative conference regularly, consulting the existing problem in the industrial relations.
2) Set up the folk mediating organization of labor dispute, make the inside mediation of enterprise combine with the outside mediation. For example, consider setting up the folk mediating organization of labor dispute which composed of social personage with prestige, regional union, industry organization and the group of employer. As a social organization, it is under the instruction of labor administrative department on the mediating affairs. At the same time, if the mediation is made by the people mediator or union mediator, it will have more affinity.
3) Implement the principle of tripartite participation during the setting-up process of dealing with labor dispute organization. The LDAC must make up of representatives of labor administrative department, representatives of union and representatives of employer. Solve the problem further that the LDAC only exists in name, does not have independent personnel rights, economic rights and property rights. At the same time, the qualification of the arbitrator must be examined strictly, improve its professional skill and thought quality constantly, ensure the quality of dealing with the case.