农民工工会的会费与工会经费——兼谈《工会法》及其实施中存在的问题

Membership Fee and Union Funds of Rural Migrant Workers' Unions:Also on the Problems in Both the Trade Union Law and Its Enforcement

农民工工会是一种俱乐部物品,应按照社会福利最大化原则确定其会费水平。由于在建会初期农民工对工会的信任、期望和需求水平都非常低,所以工会宜设置较低的会费甚至是"零会费"。工会为农民工排忧解难的示范效应会逐渐改善农民工对工会的看法,随着入会需求扩大到一定程度,正的最优会费便会形成。政府应担负起工会建设的固定投入部分,通过增减固定投入来调节最优会费,使之与期望的工会规模或会费水平相一致。由建会单位承担工会经费的传统做法违背了社会福利最大化原则,以致弊端丛生,故应在立法层面上尽快予以纠正。

Rural migrant workers＇ union can be classified as a kind of club goods. So, the membership fee of it should be determined according to the principle of social welfare maximum. In the early stages of a newly estab- lished union, lower membership fee especially ＂zero - membership - fee＂ should be set because of the lesser trust of rural migrant workers towards the union. The union＇s endeavor of helping its members may gradually improve the attitude of rural migrant workers towards the union, then the demand for taking part in the a positive optimum- membership -fee will finally form. The government should undertake the unions, and adjust the optimum -membership -fee in line with the expected one. The union will augment and the fixed investment of traditional practice that the union- owned unit undertakes the union funds runs counter to the principle of social welfare maximum, so it should be amended legally as soon as possible.