On The Interests Imbalance Of Employees And Employers In Non-public Enterprises In Our Country And Legal Redress

Interest is the center of all social activities, different groups have different demands for interest. In labor relations, we are in the phase of accumulation of material wealth for the elimination of private ownership, economic development is still our first priority. Because of the country too much emphasis on the economy, employers in the pursuit of profit maximization process does not act against the interests of the employee, under control, the extreme expansion of interests caused by employers, employers often exclusive interests and encroach on employee and employee interests severely damaged, the collective interests imbalance phenomenon.Marx’s alienation theory, surplus value theory of labor and employment wage theory reveals that labor exploitation by employers, with a capital of capitalist domination laborer. Both the degree of employee and employer demand for capital is different. Laborers can’t live without capital, there is no life source, and capitalists have profits as well as rents and other revenue. Even in the absence of labor, the loss of capitalists is just economic benefits that will not jeopardize the survival. In addition, labor supply and demand imbalance and other factors have led to the unequal status of both employers and employees, employers encroach on the interests of the employees, the interests of both employers and employees imbalance.In this paper, according to ask questions, and to analyze problems and problem-solving ideas unfold. Through the empirical study of data and cases, it is pointed out that labor interests from decision-making to the rights and interests’ relief is imbalance. Monopoly within the enterprise, management decision-making, and in the articles of association of the enterprise, the distribution of the profits, labor discipline and labor management occupies the dominant position. Labor in involves the vital interests in matters such as labor remuneration, working hours is hard to enjoy decision-making power, let alone Shared with the management enterprise. In primary distribution areas, the management and the workers not only failed to share the surplus profits, they create even the most basic survival wages by occupation. To meet the needs of employment’s interests, the employer can be out of economic considerations, and can also according to personal preferences to select laborers, the biggest meet the needs of their own interests. While most workers are often not based on their treatment standards, labor conditions and preferences to choose satisfactory labor units, to realize their own interest demands. From the perspective of the lifting of labor relations in the management in order to drain the laborers, accustomed to the excess use of the "golden age" of laborers, after the fall in the value of the labor force, laborers will be abandoned. The management seems to always can find a reasonable excuse to terminate the labor relationship with the employee. Workers’ interests is unbalanced with the management in the process from the "into" to "out". Laborers interests are violated, the laborers of weak power generally need to rely on public power intervene to correct imbalances of interest relationship by being invaded, but their claim of trying to relieve the interests is hard to get satisfaction. Laborers are struggling on the way in seeking public rights relief, their appeal cannot express, in the process of relief for the interests of the imbalance of interest of secondary imbalances, so much that the secondary interest imbalance in process of interest relief.For a long time, wrong ideas of "capital-oriented" are existed in our country. Governments has a positive attitude on investment, while negative attitude on protecting the interests of labors. Governments are attention to the introduction of capital, but ignore the management of non-public enterprises. In order to cater to corporate’s purposes of profits maximize, they sacrifice the interests of laborers. Under the guidance of this idea, the labor enthusiasm frustrate, labor efficiency is low, in the long run, this will not conducive to economic growth. Since labor is the source of social wealth, labor create value, the interests of laborers should be given the greatest attention. "Labor-oriented" guiding ideology should be established, protect the interests of laborers, so laborers living easy and develop easy. "Zero-sum game" in labor relations is also a wrong idea, laborers and capitalists are interest community, it increase laborers’ interests that can improve labor efficiency, stimulate consumption, thereby increasing the interest of capitalists.Marx’s exploitation theory reveals that of the workers are exploited by management. The status of laborers and capitalist inequality, and labor supply and demand imbalance, the government’s preference factors has exacerbated the imbalance in the interests of both sides of labor and capital. The interests of employers and workers cannot be equally protected by the law, and workers need legal protection to tilt. Strong inhibitory action is legal task, inclined to protect the interests of the workers is also a kind of inevitable, this, no doubt. We need to clear an idea that the law is not deprived of strong group’s interest. The interests of the enterprise and the laborers has consistency, protect workers is to protect the enterprise, to protect enterprise is to protect the laborer. If an enterprise losses, and even bankruptcy, laborers will lack sources of survival. So "tilt protect workers" can’t be formulated as the aim of the labor laws in our country, it is only legal means adjusted by tilting protection to restore laborers’ interests which occupied by employers. Achieve the purpose of the collective interests balance, the law shall be based on collective interests balance as tenet.The capital itself does not add value, will only occur in the form of value transformation, and truly create value is the labor of laborers. Since labor is so important in the process of combination of labor and capital, workers in a certain sense can also be seen as investors. Employers (known as the investor) invested capital to get the investment profit, while laborers invested labor to obtain investment profit. Employers and employees are corporate investors; they should participate in corporate decision-making, only common decision can realize the equal status of both sides of labor and capital. Although our country’s law has been calling for protection of laborers, but law makers always assume that a decision is the management right of independent operators which cannot be shared, and therefore our law does not give workers rights of specification decisions. In order to prevent "free-rider" psychological, it is need to protect the economic interests of the participation in decision-making laborers. At the same time to prevent workers from employer retaliation. In form, laborers can be enjoyed by trade unions, collective bargaining, equity and join the directors and the board of supervisors exercise the decision-making power.Corporate profits are created by laborers, laborers’ wage is only a tiny part of profits that created by laborers. But the sight of our law will be limited to the protection of labor remuneration rights, indeed, protect the right of labor remuneration can to ease reward employers encroachment on laborers’interests, but it is not sufficient remuneration balance of interests between employers and employees. Only allow laborers to share the profits that they create can realize balance of interests. Law can formulate three ways which including income funds, cash and equity are to realize labor share of profits.From the perspective of the distribution of wealth, if the total value is certain, wage and employers profit is inversely proportional to, the wages less, profits employers obtained higher. Employers will try to drive down the wages of workers has reached the purpose of profit maximization. If the remuneration cannot meet the needs of more than three terms, then it cannot guarantee the maintenance and continuation of labor commodity, and it does not conform to modern requirements for human rights. The law should provide for a living wage with fair and reasonable limits. Living wage for power in the government, due to the preference of the government interests in the capital, so the minimum wage laws and regulations may not be conducive to laborers. Only increase the transparency of the legislative acts of the government would prefer to minimize such preference interest.Right of laborers above the survival line are agreed by the labor contract, that is to say, from the generation of labor relations to remove all negotiated by both sides of labor and capital, but the essence of inequality in labor status caused inequality interests of employers and employees in the process from "In" to "out". Work is the source of life of laborers, in the interests of imbalance in the labor relations made laborers worth a drop down again, interest in labor relations quit imbalance makes employers do not want to withdraw from the labor force was dismissed without a source of livelihood. Provisions of the labor contract law term labor contract, the provisions of resignation and dismissal rights and the right to non-compete provisions are not conducive to the employment of workers, employment and employment, the employer still has greater power. Set up "constructive dismissal" system in the labor contract law, prevent the behavior of laborers’ resignation forced by management who does not want to burden the economic compensation. So it can increase the cost of the management of the fire. Labor contract law should always take the "laborers is weak" as a precondition, unduly protection will lead to workers hired cautiously by employers; it will result in unemployment of workers, laborers interests more damage. For example, the provisions of the labor contract term intent to protect the interests of the laborers that do not be compromised because of short-term contracts, but the way of protection are brutal, regulations are not rational. The law should guide labor relations and promote the legislators develop to the aim which the law trying to achieve through the provisions of rational.When the interests of laborers are compromised, laborers need for a mechanism to be able to fully express their aspirations. To avoid laborers’ interests are secondary imbalance in the process of expressing their interest demands, it should set a low-cost expression mechanism. The lower relief cost and the simpler program, the more favorable of laborers ’expression of interests. We believe that the mediation program is in line with this requirement of laborers, so, if the mediation program can really play a role and a large number of labor interest’s disputes eliminate in this link, is undoubtedly is the most beneficial to the laborers.