我国非公企业劳资关系中集体协商问题的研究——基于上海市的调查

Research on Collective Bargaining in the Labor-Capital Relationships of the Chinese Non-public Enterprises——Based on the Survey in Shanghai

集体协商是新时期体现工人阶级领导地位的重要形式,是维护企业稳定和社会安定、实现国家长治久安的重要机制。通过上海市总工会"非公企业集体协商"课题组开展的针对性调研,发现非公企业集体协商大多流于形式,其深层次原因有工会无法与企业进行真正的集体协商,企业拒绝与工会进行平等的集体协商,广大职工缺乏劳权意识和集体协商意识,集体协商没有被确定为法定的强制性义务,各级总工会对集体协商工作的宣传、指导力度不够。为此,建议明确非公企业工会的主要职责是通过集体协商维护职工利益;对非公企业工会会员的身份资格作出限制性规定;让各级总工会直接参与基层非公企业的集体协商;解决非公企业工会依赖企业拨付工会活动经费的问题;对非公企业工会如何依法行使集体争议权展开立法调研。

Collective bargaining is an important form of the leadership status of the working class in the new era. It is an important mechanism for maintaining the stability of enterprises and the society and for realizing long-term stability of the country.Through the targeted research conducted by the Shanghai Federation of Trade Unions on the topic of "collective bargaining of nonpublic enterprises", it was found that the collective bargaining of most non-public enterprises are nothing more than "going through the motions". The deep-seated reasons were that the trade unions could not conduct real collective bargaining with the enterprises;the enterprises refused to consult with the trade unions on an equal footing;the majority of the employees lack awareness of labor rights and collective bargaining;collective bargaining has not been determined as a mandatory obligation of the enterprises;and the federation of trade unions at all levels provide insufficient publicity and guidance on the collective bargaining work. Hence,this article suggest defining the main duties of the non-public enterprises’ trade unions as safeguarding the interests of employees through collective bargaining;publish restrictive requirements over the identity of the non-public enterprises’ trade union members;letting the federation of trade unions at all levels directly participate in the collective bargaining of the non-public enterprises;addressing the problem that the trade unions rely on funds allocated by the enterprises for their activities;and conducting legislative investigations and studies on how the non-public enterprises’ trade unions exercise the collective dispute rights according to law.