工会维权与员工的消极性权利--基于中国企业-劳动力匹配调查数据的实证检验

The Functions of the Trade Unions and Employees' Passive Rights:An Empirical Analysis Based on China Employer-Employee Survey

维护员工劳动权是工会的法定职责。随着劳动力工资不断上涨,劳资双方地位发生变化,员工在工作中的自主选择意愿逐渐增强,现有劳动权利保障体系与社会发展之间的不适应性已日渐暴露。在现代企业治理中,工会对健康有序劳资关系的形成具有重要意义,党的十九大报告明确提出要"完善政府、工会、企业共同参与的协商协调机制,构建和谐劳动关系"。目前学界更多关注工会自身维权的有效性,但新时代中国的工会转型更应从其定位和职能这一根本性角度来探究。本文依据中国企业—劳动力匹配调查数据(CEES),对工会保障员工劳动权的现状进行多维度实证检验。数据结果表明,工会对员工就业权、劳动报酬权及职业培训权的保障有显著正向作用,但对休息权和社会保险权的实现无显著影响。基于此,以机会成本理论视角明确工会未促进员工部分劳动权实现的根源在于其维权职能界限不清,干预了员工有自主选择意愿的消极性权利,进而导致员工面临"被动闲暇"和"非最佳投资"的困境。建议工会维权应以员工积极性权利的实现为动力,以消极性权利的实现为界限,即工会维权重在"保障底线",不可"过度保护"。

To protect employers＇ legal rights and interests is one of the statutory responsibilities of the trade unions. With the continuous increase of labor wages, the status of employers and employees has changed,and the employees ＇ willingness to make decisions at work has been gradually promoted. Therefore, the maladjustment between the existing labor rights protection system and social development has gradually become more apparent. In the modern corporate governance, trade unions have great impact on the formation of a healthy and orderly labor relations. The report of the 19 th CPC National Congress clearly proposed that＂we should improve the consultation and coordination mechanism involving the participation of government, trade unions and enterprises, and establish a harmonious labor relationship＂. At present, the academia pays more attention to the effectiveness of trade unions ＇ own rights protection. However, in the new era, the transformation of trade unions in China should be explored from the fundamental perspective of its position and function. This article conducts empirical tests on multiple aspects of the present situation of how trade unions protect employees＇ labor rights based on China Employer-employee Survey（CEES）. The results show that trade unions have significantly positive impacts on promoting the protection of employers＇ right to be employed, right to obtain renumeration, and right to receive vocational training. However, trade unions do little to promote the protection of the right to relax and the right to enjoy social insurance. Therefore, based on the theory of opportunity cost, this article concludes that the reason for this is that there is no clear boundaries among the trade unions＇ obligations, so that the passive rights of employees＇ for free choices are intruded,which causes the dilemma of employees＇ ＂unintentional rest＂and ＂non-optimal investment＂. It is suggested that trade unions assertion of employees＇ rights should aim at realizing the positive labor rights, and should also respect the negative labor rights. In other words, trade unions should put emphasis on the ＂realization of labor rights＂, but at the same time get rid of ＂over-protection＂.