企业职工代表大会制度与企业集体协商制度的冲突——劳动者权益视角

A Labor Rights Perspective on Conflicts between the Workers' Congress System and Collective Consultation System in Enterprises

在法律规定和现实实践中,职工代表大会(职工大会)和集体协商制度是工会维护职工权益的基本制度。劳动者权益在职工代表大会(职工大会)和集体协商制度的配置,存在着三大基本区别:职工代表大会职权按照所有制分类,集体协商不分所有制;职工代表大会针对不同事项行使不同职权,集体协商不区分;职工代表大会制度中劳动者利益既定,集体协商制度中劳动者利益协商争取。总之,职工代表大会中劳动者权利配置较弱(特别是非公企业),集体协商制度中劳动者权利配置较强。

The Workers＇ Congress System and Collective Consultation System are two basic systems that maintain the interest of employee on legal theory and practice. There are three basic differences in the two systems. Firstly, the power and responsibilities of The Workers＇ Congress should be classified according to ownership, but Collective Consultation System shows no consideration for ownership. Secondly, The Workers＇ Congress exercises different rights on different issues, but there is no right difference in Collective Consultation System. Thirdly, interests of worker in The Workers Congress system are fixed, but it can be negotiated in Collective Consultation System. In short, workers＇ rights, especially in non-public enterprises, are weaker in The Workers Congresses System than in Collective Consultation System.