The Trade Union Lacks Independence And Rights Protection Without &Nbsp; It Is Exploring Professionalism.

South China Sea

In September 18th, under the foot of Xiangshan, Beijing.

With a shy smile and a bright red T-shirt, Li Xiaojuan, 19, spoke generously about the shutdown of the Honda Beijing Great Automotive Components Company Limited (hereinafter referred to as "Honda in the South China Sea") which attracted the attention of China and foreign countries four months ago.

If it's on the street, it's just an ordinary girl.

But here is a serious seminar.

South China Sea Honda workers' representative Li Xiaojuan becomes the whole

Warning taken from the overturned cart in front

"From May 17th to June 4th, this is my most memorable, most memorable and memorable period of life for every employee in the South China Sea Honda."

Li Xiaojuan said.

In May 17th, some workers in the South China Sea stopped working because of low wages and so on, which caused Honda to stop production in four automobile factories in China, and attracted public opinion to pay close attention to it.

In June 4th, the employers and employees signed a collective contract to raise workers' wages through negotiation.

The shutdown is not only a major historical event in the life of Li Xiaojuan and her colleagues, but also regarded as a landmark event in the pformation of labor relations in China.

More than four months after the Honda shutdown in the South China Sea, the seminar attended by officials, academics, lawyers, trade union representatives, workers' representatives and management representatives was mainly aimed at summarizing the lessons learned from the Honda shutdown in the South China Sea, exploring how to divide the labor equity and solve the group labor disputes better.

Two days before this symposium, in September 16th, Chinese President Hu Jintao advocated "inclusive growth" at the opening ceremony of the Fifth APEC Human Resources Development Ministerial Conference. Its core is to enjoy the fruits of development together.

It is also the meaning of the two sides to share the fruits of development.

Song Juan, director of the mediation and arbitration administration division of the Ministry of human resources and social security, said that the collective labor disputes in China are showing multiple trends.

From 2001 to 2008, the number of collective labour disputes applying for arbitration increased by an average of 11% per year.

The main reason for the group labor dispute is that the workers' salary is too low, and the legitimate rights and interests can not be effectively protected.

In fact, we are not malicious to stop work, we just hope that our wages can be linked to the company's profits, and can achieve the joy of "three joy" in Honda philosophy.

Li Xiaojuan said.

China Institute of Industrial Relations professor Xu Xiaojun analysis, another reason for group labor disputes is that employees' institutionalized interest channels are not smooth.

Before the Honda shutdown occurred in the South China Sea, workers had conveyed the related demands to the enterprises, but for various reasons, the information had not been effectively circulated.

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Debate on mechanism

The problem is now at hand, and how to deal with it is the main point of heated discussion among people from all walks of life.

Song Juan participated in the central investigation team of Foxconn incident.

As the director in charge of labor dispute mediation and arbitration, she suggested that we should establish a sound emergency response mechanism to deal with emergencies in a timely and effective way.

"When it comes to collective labor disputes, government departments, trade unions and enterprise associations should still be relatively deficient."

Song Juan said.

Foshan Nanhai District human resources and Social Security Bureau Pan Yuhui personally participated in the mediation of Honda incident in the South China Sea.

He believes that the experience of this case is that the government insists on mediating mediation, and stresses the settlement through consultation in accordance with the law, so as to reserve space for the settlement of the incident and safeguard the legitimate rights and interests of both employers and employees in accordance with the law.

"When the negotiations between employers and employees are at an impasse, the intervention of appropriate social resources will have a positive impact on the mediation of both sides and the success of consultations."

Pan Yuhui said.

Chang Kai, director of the Institute of labor relations at Renmin University of China, has a special identity in the Honda incident in the South China Sea, the legal adviser of the workers.

The industry believes that his involvement has promoted the smooth solution of the Honda incident in the South China Sea.

The intervention of an independent third party organization to help the two sides to reach an agreement has become the main solution to labor and capital conflicts in Britain.

William Brown, Dean of the Darwin Institute of University of Cambridge, said that this way is mainly defined by the external mediator to help the employers and employees define the scope of the authorization, and help the two sides reach a consensus on the issue. It also provides such an independent arbitrator at the same time. "(Brown)

"The fact of the United Kingdom has proved that this approach is very effective, and basically 100% of disputes can be resolved through such arbitration."

Brown said.

As the only representative of the management, Zhao Guowei, the employer of the China Federation of enterprises, laughs at the "more disturbed mind".

He believes that the current collective labor disputes occur mostly in the middle of foreign capital and Hong Kong, Macao and Taiwan funded enterprises, partly because these enterprises have room for negotiation.

In state-owned enterprises and private enterprises, collective bargaining is very difficult for various reasons.

"For private enterprises, on the one hand, those big profits and taxes are protected by local governments. Even government law enforcement departments are very difficult to enter. How to ensure the rationality of wage and profit distribution? On the other hand, small and medium enterprises with partial benefit are also lack of bargaining space because of low profit margins."

Zhao Guowei said.

Trade union reform

How did the trade union change? This issue aroused debate among the participants.

In the group labor dispute, the enterprise union is often an awkward role.

For various reasons, trade unions either stand idly by and do nothing in the conflict of labor and capital.

A series of group labor disputes represented by the Honda incident in the South China Sea pushed the trade unions to the top of the storm.

In view of the new situation of labor relations, how to change the trade union has become the focus of the problem.

Qiao Jian, director of the Department of labor relations at China Institute of Industrial Relations, said that the mode of forming trade unions from top to bottom blurred the nature of the trade unions and led to a serious lack of independence and a lack of clarity in the trade unions.

Most trade unions have little energy in organizing labor competitions and so on.

A typical example is, in a collective labor dispute, the workers seek help from the trade union, and the reply of the trade union staff is: "we do not mix the labor and capital matters."

In view of the situation of the Union's nonfeasance, Wu Yaping, Professor of the Department of trade union of China Institute of Industrial Relations, suggested that the functions and functions of trade unions and industrial unions should be strengthened in the setting up of trade union organizations.

In order to realize the independence of trade unions, other market economy countries often set up trade unions in industries or industries.

When labor disputes occur, industrial unions often represent workers to negotiate.

In China, the trade union system of industry and industry is not perfect. The consequence is that in the process of collective bargaining, it is faced with the embarrassment of lacking the main body of negotiation, which leads to collective contract being nominal and lacking real labor and capital negotiations.

Trade union reform also includes an important content: the professionalization and socialization of trade union cadres.

Zhang Tianwen, Vice Minister of collective contract of the National Federation of trade unions, said that the whole is actively exploring the professionalization and socialization of trade union cadres, and some pilot projects are under way.

However, some experts objected that it was difficult to effectively change the functions of trade unions through the professionalization of trade union cadres under the current system.

There are arguments and consensus.

One expert agreed that the protection of labor rights by law is the key to solving collective labor disputes.

Li Xiaojuan's speech made the participants of the debate lively, perhaps also the key to solving the labor disputes.

"Violation of our rights and interests is also a common occurrence. We must not unite to safeguard our rights."

We need social organizations and enterprises to establish real rights protection organizations, which can truly safeguard workers' rights.

This "post-90s" young worker's words contain hope.