The Relationship Between Marketization And Legalization Of Labor Relations In Enterprises

Since the reform and opening up, China's labor relations have undergone profound changes, from state distribution to independent employment, from lifelong employment to contract system, from fixed wages to consultative pay, from planned labor to market selection, from national administrative system to compliance with legal norms, from single labor insurance to comprehensive social insurance. Labor relations have developed from industry to enterprise, marketization and legalization.

The transformation from planned economy to market economy has had a tremendous and far-reaching impact on labor relations. The process of marketization in China has gone through the socialist planned product economy, the socialist commodity economy, the socialist market economy with Chinese characteristics, the supply of open and living materials, the marketization of means of production, the marketization of labor force (human resources), and the complete marketization of capital information and technology. The first stage is the stage of nationalization and administration of labor relations. From 1976 to 1986, the labor relations of enterprises were entirely the category of planned economy, and the labor force was allocated by the plan and the life tenure system. In the second stage, in 1986, the state promulgated the regulations on the work of directors of industrial enterprises owned by the whole people. In the stage of introducing market factors into public enterprises, enterprises establish relations with employees through labor contracts, but the labor relations of public enterprises still remain in the stage of planned economy. At this time, a large number of non-public enterprises have sprout up. Enterprises do not sign contracts. Wages are entirely determined by enterprises, and workers work for more than ten hours a day. The third stage, labor relations. Marketization Stage. Non-public enterprises Labor relations The absolute marketization resulted in serious infringement of workers' rights and interests. In 1992, the new labor union law, which protects the rights and interests of workers, was promulgated. With the goal of establishing a socialist market economic system in 1992, the process of marketization and legalization of labor relations accelerated, labor relations had been marketization, and the way of dispute settlement of labor relations remained in the administrative solution stage, resulting in a great deal of contradictions and social stability. Therefore, in 1993, the State Council promulgated "enterprise labor in People's Republic of China". dispute The Ministry of labour issued the "minimum wage regulations for enterprises". In 1994, under the strong appeal of trade union organizations and all walks of life, the state promulgated the "labor law of the People's Republic of China", so that workers' rights and interests were protected by special laws. At this time, the reform of public enterprises aimed at reducing staff and increasing efficiency has been vigorously promoted, and the laid-off and retreating of state-owned enterprises have promoted the marketization of labor relations. The fourth stage is to implement a completely open labor market and establish a stage of labor legalization. In 1995, the labor law came into effect, requiring enterprises to establish labor contract relationship with workers and implement full labor contract system. In 1999, the state promulgated the regulations on unemployment insurance, promulgated the occupational disease prevention law in 2001, revised the trade union law, promulgated the "safety production law" in 2002, promulgated the "industrial injury insurance Ordinance" in 2003, promulgated the "minimum wage regulations" and "collective contract regulations" in 2004, promulgated the employment promotion law, the labor contract law and the labor dispute arbitration law in 2007, and promulgated the social insurance law in 2004.

In the process of marketization of labor relations in China, there are still problems of strong capital and weak labor. It is mainly manifested in the fact that employers and laborers do not sign contracts to evade the restriction of the labor contract law. The labor contract is formalized, there is a contract in name, and actually the contract is not executed. In the form contract, the employer's will is imposed on the laborer. The laborer has only the obligation to sign and no bargaining power. To avoid risk liability, sign only short-term contracts. Transfer labor responsibilities to labor companies, and sign labor dispatch contracts only. Because of the above problems, in some enterprises and institutions, formal workers (working relations) have high wages, do not work or work less, and temporary workers (no labor relations) have low wages. They are dirty, heavy and tired. In the fourth Plenary Session of the 18th CPC Central Committee, the slogan of the rule of law was put forward by the party in order to put the protection of laborers' rights and interests into action by law, rather than staying on paper legal provisions. As a trade union organization, it is necessary to understand the law and usage and shoulder the mission of maintaining its own rights and stand on the workers' standpoint to protect the legitimate labor rights and interests of workers.