1992-2001年中国企业劳动关系变革的历史考察

A Historical Investigation of the Change of Labor Relations in Chinese Enterprises from 1992 to 2001

1992-2001年是中国劳动关系市场化转型和法制建设的关键时期。该时期,政府通过经济体制改革使强力推动国企劳动关系实现市场化转型,非公有制经济中自主产生了市场化劳动关系,我国企业基本建立市场化劳动关系;《劳动法》等法规的出台为劳动者权益保护提供了法律保障,《工会法》的颁布与修订为劳动者通过集体力量争取利益提供了政策可能,多项社会保障政策出台兜底市场化劳动关系风险,我国市场化劳动关系运行的法制体系基本建立;该时期劳动关系方面改革的历史贡献在于通过搭建市场化劳动关系运行架构,理顺了企业与职工的关系,总体上积极稳妥的处理了下岗分流职工问题,基本维护了社会稳定;但也存在国企改制中部分措施落实不到位、劳动法规执法不严、落实不力损害下岗职工权益,集体谈判在实践中被架空,“资强劳弱”局面长期存在等问题。

1992-2001 is a important period for China’s labor relations market transformation and legal system construction.During this period,the government through the reform of the economic system has strongly promoted the market-oriented transformation of the labor relations of state-owned enterprises.The non-public ownership economy has independently produced market-oriented labor relations,and Chinese enterprises have basically established market-oriented labor relations;the introduction of the Labor Law and other regulations is The protection of laborers’rights and interests provides legal protection.The promulgation and revision of the Trade Union Law provides a policy possibility for laborers to strive for the benefits of collective power.Many social security policies have introduced the risk of market-oriented labor relations,and China’s market-oriented labor relations run.The legal system was basically established;the historical contribution of the reform of labor relations in this period was to establish a market-oriented labor relationship operation structure,rationalize the relationship between enterprises and employees,and generally actively and steadily handled the problem of laid-off workers and workers,and basically maintained social stability.However,there are also problems such as the failure to implement some measures in the reform of state-owned enterprises,the lax enforcement of labor laws and regulations,the ineffective implementation of the rights and interests of laid-off workers,and the overthrow of collective bargaining in practice,resulting in the long-term existence of the"capital and labor"situation.