Innovating Labor And Social Security Supervision And Law Enforcement To Build Harmonious And Stable Labor Relations

Labor and social security supervision law enforcement is the administrative enforcement action of labor and social security administrative departments on behalf of the state to supervise, inspect and deal with labor security violations according to relevant laws and regulations, such as labor law and labor protection supervision regulations.

It is not only an effective guarantee for safeguarding the legitimate rights and interests of both employers and employees, but also a harmonious and stable labor relationship. It is also a concentrated reflection of the administrative functions of labor security.

Labor and social security supervision law enforcement is the administrative enforcement action of labor and social security administrative departments on behalf of the state to supervise, inspect and deal with labor security violations according to relevant laws and regulations, such as labor law and labor protection supervision regulations.

It is not only an effective guarantee for safeguarding the legitimate rights and interests of both employers and employees, but also a harmonious and stable labor relationship. It is also a concentrated reflection of the administrative functions of labor security.

Labor and social security supervision is the basis and prerequisite for doing well in the work of re employment, social insurance, the establishment and improvement of labor relations coordination mechanism, and labor contract management. It is the "engine" and "booster" of the overall work of labor security, and plays an important role in "pulling the whole thing into action".

In recent years, with the continuous growth and development of private enterprises, labor security supervision and law enforcement work is becoming increasingly heavy. How to timely adjust the labor security supervision and management mode to meet the needs of the new situation and build a harmonious and stable labor relationship is a topic of common concern for our human resources and social security workers.

First, the lack of wide acceptance of the society is the key to the enforcement of labor security supervision.

The essence of labor and social security supervision law enforcement is to protect the legitimate rights and interests of both employers and workers. However, due to the different interests of employers and workers, the purpose of the employing units is to make profits, and the purpose of workers is to survive. In terms of avoiding risks, there are very large inequalities between the two sides. In many cases, the risk faced by workers is far greater than that of enterprises, and the ability to evade risks is far lower than that of employers.

At the same time, China has a large population and abundant labor resources, and the contradiction between employment and employment is very prominent. Employers' violation of the legitimate rights and interests of workers has become a prominent problem.

Two, the object of labor and social security supervision has great resistance to labor security supervision and law enforcement, which makes labor security supervision and law enforcement work often in an awkward situation.

At present, some employers, especially private enterprises, only pay attention to the production and economic benefits, do not attach importance to the social responsibilities of enterprises. They ignore the labor security laws and regulations, such as the labor law, the labor contract law and the employment promotion act, and have short-term actions. They seek to maximize profits and put in the first place. They do not sign labor contracts in accordance with the law. They do not want to pay social insurance for their employees, resulting in frequent violations of the legitimate rights and interests of workers, and not actively cooperate with labor and social security supervision and law enforcement personnel, so that labor security supervision and law enforcement work is often in an awkward situation.

Three, workers do not have a strong sense of self-protection, and labor security supervision law enforcement people create obstacles.

From the current situation of labor market in China, the labor market is a capital market. In the economically backward areas, the labor market is oversupply.

Labor security supervision law enforcement is quasi judicial.

At present, the number of unemployed people is increasing, and the pressure of social employment is great. The protection of rights protection of the special group of migrant workers and the heavy tasks of "two guarantees" require labor security supervision and law enforcement work to actively adapt to the development of the situation, intensify law enforcement, maintain social stability, and promote the long-term and healthy development of social economy.

In the light of the difficulties and problems in the labor security supervision law enforcement, the following recommendations are made:

1, we should further strengthen the publicity of labor and social security policies and regulations, and create a good social environment for learning, understanding, using, and obeying the law. The key to building a law enforcing environment is at all levels of government and functional departments.

The key to the construction of law enforcing environment lies in all levels of government and functional departments.

Leading cadres at all levels of government and functional departments should enhance their awareness of law, realistically recognize the importance of labor protection in economic and social life, establish a people-oriented concept, correctly handle the relationship between the rights and interests of workers and the development of enterprises, and promote economic development and social stability.

Two, labor security supervision and law enforcement personnel should start from specific administrative enforcement actions. With the aim of "impartial law enforcement and serving the society", we should establish a law enforcement image of administration according to law, fair law enforcement and civilized law enforcement. Three, we should further strengthen the law popularization and legal education of labor protection laws and regulations in various ways in the whole society, enhance the awareness of legal protection in the whole society, enable enterprises to consciously safeguard the legitimate rights and interests of workers, and workers will use legal weapons to protect their legitimate rights and interests from infringement.

2, strengthen labor and social security supervision and law enforcement agencies

Construction, leaders at all levels must understand this work from the establishment of legal authority, the implementation of tasks, close to the masses and maintaining social stability. We should further establish and improve the labor security supervision and law enforcement agencies, strengthen the allocation of labor security supervision law enforcement personnel, and make labor security supervision work regular and routine.

The labor and social security administrative departments should conscientiously strengthen the management of labor and social security supervision organs, boldly try new law enforcement means, give full play to the linkage effect of labor supervision and arbitration, and explore new ways to supervise and arbitrate jointly handling cases, so as to truly "impartial law enforcement and serve the society".

3, strengthen the coordination of departments, promote the smooth implementation of labor security supervision work, labor security supervision work involves a wide range, we must have the coordination of relevant departments.

Labor and social security supervision involves a wide range of work and must be coordinated by relevant departments.

For example, the law enforcement inspection of the construction industry needs the support of the urban construction department; the inspection of the law enforcement of the enterprises and individual businesses must be supported by the administrative departments for Industry and commerce; the administrative penalty needs the cooperation of the people's courts.

Labor and social security supervision organs should report voluntarily, and the administrative departments of the people's and social affairs should actively coordinate, persist in more communication and contact with each other, employ labor security supervision supervisors in relevant departments, take the initiative to request supervision, and accept the supervision with an open mind to expand the law enforcement team.

Governments at all levels should strengthen the management and coordination of administrative law enforcement, clarify the responsibilities of law enforcement, establish and improve the accountability system for law enforcement, and fundamentally eliminate the undesirable phenomena of "all regardless of management", so as to create a good law enforcement environment for labor security supervision.

4, strengthen the role of trade union organizations and safeguard the legitimate rights and interests of workers in a timely manner. Trade unions are organizations that safeguard the legitimate rights and interests of workers, and are the mouthpiece of workers.

In the labor law and the trade union law, the powers of the trade union organizations are given.

Trade union organizations should strengthen participation and supervise the performance of labor contracts between labor and capital so as to reduce the pressure of labor security supervision and law enforcement and avoid intensification of contradictions.