劳资关系中的劳动者权利保护路径研究——以利益组织化为分析视角

The Protection Path of the Workers' Rights in Industrial Relations——Based on the Interest Organization Perspective

劳动者在劳资关系中处于绝对的弱势地位,组织化程度低、利益表达分散、工会缺乏独立性和代表性,导致劳动者权益经常受到资方的不法侵害。从利益组织化的角度来看,实现劳动者的权利保护就是要实现劳动者的利益组织化。为此,应当在更新观念的前提下,优化劳动法律制度设计和安排,重点着力于:规范工会组织和用工单位之间的关系,完善工会代表权的构成与实现机制,促进雇主组织的行业性规范和自律,构建工会与雇主组织之间理性博弈、协商民主的劳资关系,健全劳工维权的司法和行政执法保障制度等,真正实现对劳动者的权利保护,奠定构建和谐社会的基石,保障和改善民生,体现社会的公平正义。

The workers are at the absolute weak position in labor relations. They are organized in low degree, expressing interests dispersedly. The trade unions which act as the role of the workers＇ spokesman are lack of independence and representativeness. So the workers＇ rights and interests are often infringed by the capital or the management. In the organized interests＇ perspective, realizing the interest organization of the workers is to realize the protection of the workers＇ rights. Therefore, we should update the concepts, optimize legal systems＇ design and arrangements, improve the standardization level of the trade unions and the employers＇ organizations, regulate the relationship between two such organizations, improve the trade union＇ representation and realization mechanisms, promote the organization of employers industry norms and self-discipline construction, build between the employers＇ organizations and the trade unions rational game, deliberative democracy in labor relations, improve the judicial and administrative law enforcement system of labor rights protection, realize the real protection of the labor＇s rights, to lay the cornerstone of building a harmonious society, guarantee and improve the livelihood of the people, refl ect the social justice.