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Causes Of Labor Disputes

2009/1/13 13:51:00 41952

First,

Labor dispute

Its characteristics are:

　　1、勞資糾紛案件在數(shù)量上居高不下，每年皆有上升趨勢(shì)。縱觀近幾年的《中國(guó)勞動(dòng)統(tǒng)計(jì)年鑒》統(tǒng)計(jì)，非公有制企業(yè)勞資糾紛數(shù)量占絕大多數(shù)，且多以用人單位敗訴為主（勞動(dòng)者一方申訴比例大，且申訴案件數(shù)以年均23.4％的增幅增長(zhǎng)，同時(shí)勞動(dòng)者勝訴率也較高）。

from

Labor dispute

發(fā)生的用人單位類型看,自1993年國(guó)務(wù)院頒布實(shí)施《企業(yè)勞動(dòng)爭(zhēng)議處理?xiàng)l例》以來(lái)，國(guó)有企業(yè)勞動(dòng)爭(zhēng)議案件所占比例直線下降，非公有制企業(yè)案件明顯上升，主要是私營(yíng)、三資、鄉(xiāng)鎮(zhèn)企業(yè)和個(gè)體戶侵害職工合法權(quán)益引發(fā)勞資糾紛，當(dāng)中不少老板為牟求高額利潤(rùn)，竭力壓低人工成本，甚至故意違反勞動(dòng)法律法規(guī)，如不履行勞動(dòng)合同、隨意解雇職工、克扣或拖欠職工工資、不按規(guī)定參加社會(huì)保險(xiǎn)或欠繳社會(huì)保險(xiǎn)費(fèi)等，侵害職工合法權(quán)益，而引發(fā)集體停工、罷工、上訪等突發(fā)事件越來(lái)越多，這說(shuō)明由于《勞動(dòng)法》及其相關(guān)法律法規(guī)的頒布實(shí)施和勞動(dòng)法制建設(shè)的不斷加強(qiáng)，勞動(dòng)爭(zhēng)議處理機(jī)制和價(jià)格不斷健全，勞動(dòng)者的法律意識(shí)逐步提高，懂得運(yùn)用法律武器維護(hù)自己的合法權(quán)益，勞資矛盾的激化必然導(dǎo)致勞資關(guān)系的失衡，致使勞資糾紛的數(shù)量逐年都有著明顯上升趨勢(shì)。

　　2、當(dāng)前非公有制企業(yè)勞資矛盾糾紛形式已從單一形式向多樣化形式轉(zhuǎn)化。在非公有制企業(yè)中勞資的爭(zhēng)端中，過(guò)去糾紛主要表現(xiàn)在企業(yè)拖欠工資，員工追討工資這一形式上，而現(xiàn)在的糾紛不僅表現(xiàn)在員工追討工資，還表現(xiàn)在員工為爭(zhēng)取社會(huì)保險(xiǎn)、勞動(dòng)保護(hù)、休息休假權(quán)利等形式上，而且后者爭(zhēng)紛出現(xiàn)的頻率越來(lái)越高。

　　3、因追索勞動(dòng)報(bào)酬、保險(xiǎn)福利、解除勞動(dòng)合同經(jīng)濟(jì)補(bǔ)償?shù)冉?jīng)濟(jì)利益爭(zhēng)議居主導(dǎo)地位。勞動(dòng)關(guān)系雙方對(duì)經(jīng)濟(jì)利益的重視程度高于對(duì)其他權(quán)利的重視程度，由于勞動(dòng)者處于勞動(dòng)關(guān)系的弱者地位，個(gè)人很難為維護(hù)權(quán)利與用人單位抗衡，因此多從經(jīng)濟(jì)利益方面找回?fù)p失，而用人單位對(duì)違約出走的勞動(dòng)者，也大多以經(jīng)濟(jì)賠償為由提出申訴。

　　4、拖欠工資糾紛案件多。絕大多數(shù)勞資糾紛是由于勞動(dòng)者的基本勞動(dòng)經(jīng)濟(jì)權(quán)益被侵害，而又長(zhǎng)期得不到解決而致。勞動(dòng)報(bào)酬是引發(fā)勞動(dòng)爭(zhēng)議的第一原因，其次是解除或終止勞動(dòng)合同，再次是自動(dòng)離職或辭職。

　　5、集體勞動(dòng)爭(zhēng)議上升幅度較大，主要集中在建筑施工單位和非公有制企業(yè)。集體爭(zhēng)議呈現(xiàn)突發(fā)性強(qiáng)、人數(shù)增多、處理難度大的特點(diǎn)。

　　6、勞動(dòng)爭(zhēng)議案件發(fā)生量地域差異大，且更加集中。大量的勞動(dòng)爭(zhēng)議案件集中在沿海縣(市、區(qū))，山區(qū)縣勞動(dòng)爭(zhēng)議數(shù)量較少。

　　7、無(wú)證無(wú)照的家庭作坊與勞動(dòng)者之間發(fā)生的勞資糾紛不斷增多。大量無(wú)證無(wú)照的家庭作坊，雇工人數(shù)少則幾人，多則20幾人，用工不規(guī)范，勞動(dòng)管理混亂，是勞動(dòng)爭(zhēng)議產(chǎn)生和矛盾激化的多發(fā)地。

　　8、弱勢(shì)一方的勞動(dòng)者往往不自愿通過(guò)正當(dāng)?shù)姆赏緩浇鉀Q糾紛，而是采取集體上訪、封堵政府機(jī)關(guān)，甚至有集體堵塞道路交通的行為發(fā)生。

Two.

Labor dispute

Causes:

　　1、勞動(dòng)者的權(quán)益受侵害又不能適時(shí)合理解決，這是引發(fā)勞資糾紛的直接原因。

This kind of infringement mainly involves labors' wages and labor conditions.

The labor conflict in state-owned enterprises is mainly due to the damage of workers' rights and interests in the process of restructuring, closing down bankruptcy and layoffs.

In non-public enterprises, the main reasons are labor conditions and poor employment conditions, especially the wages of workers who are in arrears.

At present, enterprises do not have reasonable labor price standards. They often determine the expected profits first, then share the remaining gross profits into the products, calculate the labor cost, and work out the production quota standard and the workers' wages accordingly.

Only by overtime work can employees get more wages, and they have to "volunteer overtime" or even "ask for overtime".

The occupational disease caused by poor working conditions is also the direct cause of labor disputes.

　　2、企業(yè)片面追逐利潤(rùn)，損害勞動(dòng)者的合法權(quán)益。

In particular, family run enterprises, with varying levels of management, irregular employment systems, one-sided pursuit of profits, and harming the legitimate rights and interests of workers, lead to labor disputes and even labor and capital conflicts. Some entrepreneurs drive laborers to create surplus value as much as possible, and even reduce workers' normal social security expenditure, do not have necessary labor protection facilities, delay arrears of workers' wages in a malicious manner, arbitrarily extend their working hours, gain generous profits, or even reduce workers' normal social security expenditure, do not have necessary labor protection facilities, malicious arrears of workers' wages, arbitrarily extend labor hours, save enterprises' expenses as much as possible, and save enterprises' expenses as much as possible, and the phenomenon of infringing the legitimate rights and interests of workers is becoming more and more serious. The characteristics of some non-public enterprises are "many, small, scattered and mixed".

　　3、勞動(dòng)者的弱勢(shì)地位是其合法權(quán)益受侵害的主要原因。

First, the social status of the employers and employees is different.

The vast number of migrant workers and foreign workers, the cultural level, the social status is not high, is the social vulnerable group, the influence of social policy is very small.

Two, the status of labor and capital in enterprises is different.

Non public owned enterprises have ownership of means of production and management rights of enterprises. Although some enterprises have established party branches, trade unions, workers' Congress and other organizations, they have little impact on the operation and management of enterprises.

At present, a considerable number of small and medium-sized non-public enterprises have not yet established trade unions, Party branches and other organizations.

In addition, most of the non-public enterprises carry out family management, and many important posts are held by the relatives and friends of the owners, and the general workers are in a weak position in the enterprises.

In addition, China's relevant laws and regulations do not specify the issue of setting up the Regulatory Committee in non-public enterprises, and there are no effective means of restraining enterprises that obstruct the establishment of the committee, so that many owners of non-public enterprises take the opportunity to drill the loopholes of the law, and use various excuses to establish the steering committee.

As there is no organization of the committee, workers will often be in a helpless position in the event of labor disputes.

Because the internal consultation and mediation mechanism has not been established and perfected, labor dispute handling and communication channels are relatively unsmooth.

While some enterprises have set up a labor dispute mediation committee, but because of the employees' ignorance of the organization, the lack of attention of the leaders and the low quality of the mediators, the function of the enterprise's mediation committee has not been brought into play, and the labor disputes can not be resolved in the embryonic form.

4.

Labor relations

The legal awareness of the two sides is weak, causing labor disputes.

On the one hand, some employers ignore the provisions of laws and regulations, formulate some management systems that violate national labor laws, regulations and policies, and put them into practice. Some employers are unfair in terms of concluding labor contracts, leading to the occurrence of labor disputes.

On the other hand, some workers have poor sense of law-abiding and do not conscientiously perform their contracts.

有的外來(lái)員工缺乏長(zhǎng)期就業(yè)的準(zhǔn)備，抱著臨時(shí)就業(yè)和流動(dòng)就業(yè)的思想，勞動(dòng)紀(jì)律觀念差，在其權(quán)益受侵犯時(shí)，不能有效地運(yùn)用法律手段保護(hù)自己的合法權(quán)益，個(gè)別人甚至采取過(guò)激的行為，引發(fā)治安刑事案件。

5.

Labor relations

Increasingly diverse and complicated.

The reform of labor system and the pformation of business mechanism, especially the popularization of labor contracts, have made great changes in labor relations. The labor organization, as one of the main body of labor relations, has evolved from a single public sector economic organization to a variety of economic organizations of different ownership. The main body of labor relations has gradually been pformed into an equal civil relationship, labor time, labor protection conditions, labor discipline, and so on, because of the promotion of the labor contract system.

Labor remuneration

The rights and obligations arising from such changes are also greatly changed due to the continuous expansion of the autonomy of business operation.

At present, the labor employment system under the market economy condition has been initially established in our country. The two sides of the enterprise and the workers and staff members are not quite adapted to this change, and the labor relations have been in a relatively unstable state.

The contradiction of labor relations is more prominent, resulting in the increasing number of labor disputes.

Three, solutions to labor disputes

Correctly handling labor disputes is not only related to social stability, but also of great significance for the sustained, healthy and stable development of the economy.

According to the new changes in labor disputes, considering the main problems and considering the trend of development, political and legal organs and labor supervision departments must exert their functions under the unified leadership of the Party committee and the government, correctly handle disputes and mass incidents caused by labor conflicts, truly achieve the unity of legal effects and social effects, and promote the construction of a harmonious society.

　　1、加大宣傳教育力度，增強(qiáng)企業(yè)經(jīng)營(yíng)者和勞動(dòng)者遵規(guī)守法意識(shí)

Strengthening the concept of employment education in the whole society, and encouraging employees to abandon the traditional concept of only formal employment or "iron rice bowl" is the traditional concept of employment. Setting up flexible part-time jobs such as part-time, temporary and seasonal jobs is also a concept of employment.