妇联约谈用人单位的法律属性及规范化实施

The Legal Nature and Standardized Implementation of Negotiation with Employing Unit by Women's Federation

《妇女权益保障法》第74条规定,妇联可以会同有关行政机关、组织对用人单位进行联合约谈。妇联约谈在性质上属于立法对其做出的行政授权,有利于更好地维护妇女权益。该条的规定较为原则,操作性不强,为保障妇联约谈的合法性和合理性,首先要健全对约谈的程序规制,建构符合正当行政程序要求的约谈程序,保障约谈的全过程公开并正确处理与行政处罚的衔接;其次要强化约谈的实体规制,准确界定实体层面上法律授权的界限,包括厘清约谈的适用条件、规范约谈的内容并强化对其监督。

Article 74 of the Law on the Protection of Women's Rights and Interests stipulates that women's federation,administrative organ and other organizations can conduct joint negotiation with employing unit.The nature of the negotiation by women's federation is administrative authorization made by law,which expands the functions of women's federation and can better protect women's rights and interests.In order to ensure the legitimacy and rationality of the negotiation by women's federation,first of all,we should improve the procedural regulation of the negotiation,construct the negotiation procedure that meets the requirements of due administrative procedures,and ensure that the whole process of the negotiation is open and correctly handled in connection with administrative punishment.Secondly,we should strengthen the substantive regulation of the negotiation and accurately define the limits of legal authorization,including clarifying the applicable conditions,standardizing the contents of the negotiation and strengthening its supervision.