基于案例分析的当前中国劳资利益纠纷化解模式研究

A Case-based Study of the Resolving Modes of Labor Interest Disputes in China

通过典型案例研究,梳理分析当前中国劳资利益纠纷的四种化解模式的优势及存在问题,并提出对策建议。研究表明,虽然我国劳动关系治理理念不断优化,但化解劳资利益纠纷的法律体系仍不完善,目前存在的四种化解利益纠纷的模式利弊共存。其中,政府主导型的纠纷调处机制是当前最有效的机制,但缺乏制度标准和法律基础;第三方介入模式和劳资自主博弈的"自下而上"集体协商谈判模式能够更为公平正义地解决劳资纠纷,但能否发挥作用取决于是否拥有"有用、有实力"和相对独立的工会组织;劳资恳谈协商沟通模式能从源头上构建和谐劳动关系,但要在企业内普遍形成制度化机制还有难度。从源头上化解劳资纠纷,构建和谐劳动关系,需要清晰劳资政三方利益共同体认识、顺畅的劳资双方信息沟通渠道、制度化的劳资集体协商沟通机制、有实力的劳资集体协商谈判主体和到位的政府劳动监管和服务。

Based on a typical case study, this paper analyzed four types of resolving modes of labor and capital interest disputes in China. The advantages and existing problems were summarized;the countermeasures and suggestions were alsoput forward. The results show that although the industrial relations management concept continues to optimize, the legal system to resolve the labor and capital interest disputes is not perfect. All the four modes have advantages and disadvantages, among which, the government-led dispute mediation mechanism is the most effective, but lacks of institutional standards and legal basis.The third party intervention mode and bottom-up collective negotiation mode can resolve disputes with more equity, but their roles are only limited in a "useful, powerful" and relatively independent trade union organizations.The labor and capital negotiation mode can construct harmonious labor relations from the source, but it is difficult to form institutional mechanisms in all the enterprises.Finally, to resolve the labor disputes from the origin, we should realize the community of interest of labor, capital and politics, build smooth channel for labor and capital communications, construct institutionalized labor collective negotiation mechanism, cultivate qualified collective consultation subject and provide courtesy labor supervision and service from the government.