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Causes Of Labor Disputes

2009/1/13 13:51:00 41952

First,

Labor dispute

Its characteristics are:

　　1、劳资纠纷案件在数量上居高不下，每年皆有上升趋势。纵观近几年的《中国劳动统计年鉴》统计，非公有制企业劳资纠纷数量占绝大多数，且多以用人单位败诉为主（劳动者一方申诉比例大，且申诉案件数以年均23.4％的增幅增长，同时劳动者胜诉率也较高）。

from

Labor dispute

发生的用人单位类型看,自1993年国务院颁布实施《企业劳动争议处理条例》以来，国有企业劳动争议案件所占比例直线下降，非公有制企业案件明显上升，主要是私营、三资、乡镇企业和个体户侵害职工合法权益引发劳资纠纷，当中不少老板为牟求高额利润，竭力压低人工成本，甚至故意违反劳动法律法规，如不履行劳动合同、随意解雇职工、克扣或拖欠职工工资、不按规定参加社会保险或欠缴社会保险费等，侵害职工合法权益，而引发集体停工、罢工、上访等突发事件越来越多，这说明由于《劳动法》及其相关法律法规的颁布实施和劳动法制建设的不断加强，劳动争议处理机制和价格不断健全，劳动者的法律意识逐步提高，懂得运用法律武器维护自己的合法权益，劳资矛盾的激化必然导致劳资关系的失衡，致使劳资纠纷的数量逐年都有着明显上升趋势。

　　2、当前非公有制企业劳资矛盾纠纷形式已从单一形式向多样化形式转化。在非公有制企业中劳资的争端中，过去纠纷主要表现在企业拖欠工资，员工追讨工资这一形式上，而现在的纠纷不仅表现在员工追讨工资，还表现在员工为争取社会保险、劳动保护、休息休假权利等形式上，而且后者争纷出现的频率越来越高。

　　3、因追索劳动报酬、保险福利、解除劳动合同经济补偿等经济利益争议居主导地位。劳动关系双方对经济利益的重视程度高于对其他权利的重视程度，由于劳动者处于劳动关系的弱者地位，个人很难为维护权利与用人单位抗衡，因此多从经济利益方面找回损失，而用人单位对违约出走的劳动者，也大多以经济赔偿为由提出申诉。

　　4、拖欠工资纠纷案件多。绝大多数劳资纠纷是由于劳动者的基本劳动经济权益被侵害，而又长期得不到解决而致。劳动报酬是引发劳动争议的第一原因，其次是解除或终止劳动合同，再次是自动离职或辞职。

　　5、集体劳动争议上升幅度较大，主要集中在建筑施工单位和非公有制企业。集体争议呈现突发性强、人数增多、处理难度大的特点。

　　6、劳动争议案件发生量地域差异大，且更加集中。大量的劳动争议案件集中在沿海县(市、区)，山区县劳动争议数量较少。

　　7、无证无照的家庭作坊与劳动者之间发生的劳资纠纷不断增多。大量无证无照的家庭作坊，雇工人数少则几人，多则20几人，用工不规范，劳动管理混乱，是劳动争议产生和矛盾激化的多发地。

　　8、弱势一方的劳动者往往不自愿通过正当的法律途径解决纠纷，而是采取集体上访、封堵政府机关，甚至有集体堵塞道路交通的行为发生。

Two.

Labor dispute

Causes:

　　1、劳动者的权益受侵害又不能适时合理解决，这是引发劳资纠纷的直接原因。

This kind of infringement mainly involves labors' wages and labor conditions.

The labor conflict in state-owned enterprises is mainly due to the damage of workers' rights and interests in the process of restructuring, closing down bankruptcy and layoffs.

In non-public enterprises, the main reasons are labor conditions and poor employment conditions, especially the wages of workers who are in arrears.

At present, enterprises do not have reasonable labor price standards. They often determine the expected profits first, then share the remaining gross profits into the products, calculate the labor cost, and work out the production quota standard and the workers' wages accordingly.

Only by overtime work can employees get more wages, and they have to "volunteer overtime" or even "ask for overtime".

The occupational disease caused by poor working conditions is also the direct cause of labor disputes.

　　2、企业片面追逐利润，损害劳动者的合法权益。

In particular, family run enterprises, with varying levels of management, irregular employment systems, one-sided pursuit of profits, and harming the legitimate rights and interests of workers, lead to labor disputes and even labor and capital conflicts. Some entrepreneurs drive laborers to create surplus value as much as possible, and even reduce workers' normal social security expenditure, do not have necessary labor protection facilities, delay arrears of workers' wages in a malicious manner, arbitrarily extend their working hours, gain generous profits, or even reduce workers' normal social security expenditure, do not have necessary labor protection facilities, malicious arrears of workers' wages, arbitrarily extend labor hours, save enterprises' expenses as much as possible, and save enterprises' expenses as much as possible, and the phenomenon of infringing the legitimate rights and interests of workers is becoming more and more serious. The characteristics of some non-public enterprises are "many, small, scattered and mixed".

　　3、劳动者的弱势地位是其合法权益受侵害的主要原因。

First, the social status of the employers and employees is different.

The vast number of migrant workers and foreign workers, the cultural level, the social status is not high, is the social vulnerable group, the influence of social policy is very small.

Two, the status of labor and capital in enterprises is different.

Non public owned enterprises have ownership of means of production and management rights of enterprises. Although some enterprises have established party branches, trade unions, workers' Congress and other organizations, they have little impact on the operation and management of enterprises.

At present, a considerable number of small and medium-sized non-public enterprises have not yet established trade unions, Party branches and other organizations.

In addition, most of the non-public enterprises carry out family management, and many important posts are held by the relatives and friends of the owners, and the general workers are in a weak position in the enterprises.

In addition, China's relevant laws and regulations do not specify the issue of setting up the Regulatory Committee in non-public enterprises, and there are no effective means of restraining enterprises that obstruct the establishment of the committee, so that many owners of non-public enterprises take the opportunity to drill the loopholes of the law, and use various excuses to establish the steering committee.

As there is no organization of the committee, workers will often be in a helpless position in the event of labor disputes.

Because the internal consultation and mediation mechanism has not been established and perfected, labor dispute handling and communication channels are relatively unsmooth.

While some enterprises have set up a labor dispute mediation committee, but because of the employees' ignorance of the organization, the lack of attention of the leaders and the low quality of the mediators, the function of the enterprise's mediation committee has not been brought into play, and the labor disputes can not be resolved in the embryonic form.

4.

Labor relations

The legal awareness of the two sides is weak, causing labor disputes.

On the one hand, some employers ignore the provisions of laws and regulations, formulate some management systems that violate national labor laws, regulations and policies, and put them into practice. Some employers are unfair in terms of concluding labor contracts, leading to the occurrence of labor disputes.

On the other hand, some workers have poor sense of law-abiding and do not conscientiously perform their contracts.

有的外来员工缺乏长期就业的准备，抱着临时就业和流动就业的思想，劳动纪律观念差，在其权益受侵犯时，不能有效地运用法律手段保护自己的合法权益，个别人甚至采取过激的行为，引发治安刑事案件。

5.

Labor relations

Increasingly diverse and complicated.

The reform of labor system and the pformation of business mechanism, especially the popularization of labor contracts, have made great changes in labor relations. The labor organization, as one of the main body of labor relations, has evolved from a single public sector economic organization to a variety of economic organizations of different ownership. The main body of labor relations has gradually been pformed into an equal civil relationship, labor time, labor protection conditions, labor discipline, and so on, because of the promotion of the labor contract system.

Labor remuneration

The rights and obligations arising from such changes are also greatly changed due to the continuous expansion of the autonomy of business operation.

At present, the labor employment system under the market economy condition has been initially established in our country. The two sides of the enterprise and the workers and staff members are not quite adapted to this change, and the labor relations have been in a relatively unstable state.

The contradiction of labor relations is more prominent, resulting in the increasing number of labor disputes.

Three, solutions to labor disputes

Correctly handling labor disputes is not only related to social stability, but also of great significance for the sustained, healthy and stable development of the economy.

According to the new changes in labor disputes, considering the main problems and considering the trend of development, political and legal organs and labor supervision departments must exert their functions under the unified leadership of the Party committee and the government, correctly handle disputes and mass incidents caused by labor conflicts, truly achieve the unity of legal effects and social effects, and promote the construction of a harmonious society.

　　1、加大宣传教育力度，增强企业经营者和劳动者遵规守法意识

Strengthening the concept of employment education in the whole society, and encouraging employees to abandon the traditional concept of only formal employment or "iron rice bowl" is the traditional concept of employment. Setting up flexible part-time jobs such as part-time, temporary and seasonal jobs is also a concept of employment.