劳动者权益维护是中国迈入中等收入水平国家行列后面临的重大问题。近年来国家层面维护劳动者权益的法律、法规和政策框架日趋完善,但维权效果却并不尽如人意。所有制和城乡户籍分割是主导劳动者权益维护的核心因素,维权问题突出的农民工群体虽然逐渐受到政策关注,但实际权益提升缓慢,体制内外劳动者的权益相差悬殊;人力资本要素和工会力量的作用相对较弱,基层劳动者通过提升个体素质或集体声音改善权益状况的渠道有待进一步疏通。劳动者多样化的维权需求虽然能在政策制定中得到反映,但是工会主要依据国家需要行使维权职能,因此相对民主政治、依法维权、工时等权益而言,国家政策关注的就业权益在当前的制度框架中更受到重视。总体而言,中国的维权制度并非部分研究所描述的那样没有对劳动者权益维护产生正面影响,而是表现为“局部有效性”和“供需非均衡”并存。
<<From the analysis of rights protection policies in the recent years,this paper proposed the topic of assessment of“rights protection in Chinese way”.We analyzed the factors which affect the workers’ rights,the state-party and the workers’ demand which impact on Chinese union.The result showed that the national level laws,regulations and policy frameworks were maturing in recent years,but the effect was not satisfactory.The state-party and the urban-rural division were still the main factors affecting labor rights,however,the education level and the trade unions were relatively weak.Although the rural migrant workers’ rights gradually became the focus of many policies,the actual protection level was still low.Policy makers paid more attentions to employment rights than democratic politics rights,law rights,working hours and other rights.Although some of the workers’ demand could be reflected in policy-making,the unions’ function was still based primarily on the need of state-party.Overall,the Chinese rights protection system had some positive impact on safeguarding the rights of the workers,but its performance only had effects on certain facets,and sometimes mismatched the rights of supply and demand.
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