The Relationship And Significance Of Marketization And Legalization Of Labor Relations

One of the elements of the socialist market system with Chinese characteristics is the labor market, that is, the marketization of labor relations.

Only the market oriented labor force can flow fully, achieve rational allocation and achieve efficiency optimization.

However, in a humane society with strong power and strong capital, labor relations are easy to be administrative and formalized, thereby harming the rights and interests of workers.

We must understand that employers and workers are two contradictory aspects. They are opposites and unify relations, which will damage the interests of laborers and at the same time will damage the interests of employers.

Judging from the overall situation of the long-term development of the country, the purpose of developing the economy is to improve the well-being of labourers, unilaterally attach importance to the interests of employers and contradict the goals of national development.

The right labor relationship should be a win-win relationship. The development of enterprises, the protection of the rights and interests of workers, and the improvement of income and welfare level.

Therefore, we must standardize labor relations with legal means and realize the legalization of labor relations.

The legalization of marketization is based on the legalization of marketization, leaving the foundation of marketization. Legalization has become the water of no source, without a source of wood. The rule of law is the marketization of labor relations, eliminating the administration, formalization and humanization of labor relations.

Only when labor relations are marketization and legalization can they have real objects. At the same time, only with the marketization of labor relations, can the marketization of labor relations have the right direction.

The marketization of labor relations is to regulate the relationship between employers and laborers by market, but do not believe that the market is omnipotent. We must use legal means to ensure that workers are the lowest.

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Safety.

The legalization of labor relations is to regulate the relationship between employers and workers by legal means. It is necessary to prevent employers from violating the legitimate rights and interests of laborers, and to protect the legitimate rights and interests of employers and standardize the behavior of labourers.

In the process of marketization and legalization of labor relations, trade union organizations should give full play to their roles and make good contributions to the construction of harmonious and stable rule of law in China.

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The formulation of rules and regulations needs to comply with legal requirements, including legitimate contents and procedural legality.

At the level of content legality, as long as the contents stipulated in the regulations do not violate the mandatory provisions of laws and regulations, the requirements of legitimate contents have been attained. At the procedural legal level, the employing units should formulate rules and regulations in accordance with the laws and regulations according to certain procedures.

The general procedure is: the draft of the human resources department shall be submitted to the workers' Congress or all staff members to discuss the plan and opinions put forward by an equal consultation with the trade union or the staff representatives.

Legitimate and reasonable rules and regulations can become a reference standard for labor arbitration departments and courts to decide cases. However, the rules and regulations that do not conform to the provisions of the law do not have legal effect, and may bring adverse effects to employers.