2014年在经济增速减缓和结构调整的“新常态”下,经济下行并未对职工就业产生重大影响;职工工资温和上升,国企高管薪酬将受控制;社会保险扩面征缴稳步推进,员工的社保诉求明显提高;职业安全总体稳定好转,以人为本催生安全生产新法;劳动争议稳中有增,群体事件涨势迅猛;农民工的职业技能提升、权益保障和城镇化方面,进展与困境并存。在集体劳动关系协调方面,全总推进民主直选基层工会主席,集体协商的重点转向行业协商,规范劳务派遣初见成效。经济结构调整力度加大,导致企业改制、搬迁、股权变更、转型中的裁员、经济补偿和赔偿等劳动者权益保障问题日益突出,本文以常德沃尔玛闭店为例,概述了企业结构调整中的劳动者权益保障现状、适用法律、存在的问题和完善建议。
<<In 2014,China’s economic growth has experienced significant downward pressure,and the economic structure continues the process of re-adjustment. However,under this “New Normal Phase”of economic growth,the employment situation has not been significantly affected. On the one hand,workers’ wage gradually increases,accompanied with the upcoming reform plan on salary and stipend regulation of managers in state-owned enterprises. Furthermore,the collection and payment of employees’ social insurance were carried out smoothly,and the appeal of employees’ social security requirement kept rising. The situation of occupational safety maintains at a stable stage. New laws and regulations relating to labor protection have been promoted by the people-oriented ideology. On the other hand,the amount of labor disputes keeps at a stable level with slight increase. The amount of collective actions relating to labor dispute has been increasing greatly. Opportunities and difficulties coexist during the process of peasant workers’ occupational skill improvement,rights’ protection and urbanization. Regarding collective labor relationship coordination,All China Federation of Trade Union has promoted the direct election of chair person of the trade union at the grassroots level. The collective negotiation has been shifted to trade negotiation,and the labor dispute coordinative mechanism has made new progress. Regulations on labor dispatch start to demonstrate positive impact. Due to the accelerating economic restructuring,there are many new challenges which are caused by enterprise restructuring,relocation,shareholding restructure,employees’ layoff and compensation etc. Therefore,issues over workers’ rights protection amount to a new level. The closedown of Changde Wal-Mart store shows the current labor rights protection situation during enterprise restructuring. And legal problems have been pointed out with some policy recommendation.
<<Keywords: | Economic RestructureLabor Rights ProtectionNew Normal PhaseDirect Election of Chair Person of the Trade Union At the Grassroots Level |