On The Right Of Labor Remuneration Of Workers And Staff Members In Private Enterprises And Its Legal Protection

Whether a company can achieve sustainable,healthy and rapid development depends to a large extent on whether enterprise managers can mobilize the enthusiasm,initiative and creativity of employees,The play of these factors depends mainly on whether the workers' remuneration for labor is fully protected.The right to remuneration for labor refers to the right of workers and employees to receive remuneration for work from the enterprises for providing work to business owners,which is the most central right enjoyed by employees in labor relations.In recent years,China has paid more attention to the right to remuneration for labor.The system of wage collective bargaining is being explored.The minimum wage system is constantly being improved.The phenomenon of deduction and wage arrears is restrained.The process of resolving labor disputes and disputes is continuously optimized.Exploration and implementation of these systems,Greatly strengthened the protection of the workers' remuneration for labor remuneration and alleviated the labor-management conflicts to a certain extent.However,in real life,there are still many business owners,especially private business owners,who often solidify corporate profits.They think that the interests of employers and employees can only be opposed to each other.Occupation of workers' legal labor remuneration makes labor-management tensions and even sharp opposition.This ubiquitous phenomenon of grave violation of remuneration for labor remuneration not only seriously affects the employment of workers and workers,but also seriously restricts the healthy development of the enterprises themselves,and more seriously affects the establishment of a harmonious society and social stability.Labor rights to remuneration often lead to infringement for many reasons,including the right to remuneration protection legal system is not perfect enough may be the most important reason.Therefore,we need to further strengthen the protection of labor rights.This dissertation begins with an analysis of the academic debate on the basic issues of labor remuneration.This paper argues that the right to remuneration for labor belongs to the nature of private rights.The right to remuneration for labor does not exclude the protection of public law as the right of remuneration.The diversity of the means of remuneration for labor remuneration does not change the private right of the right.The reason why the right to remuneration for labor should be defined as private right is that it reflects and adjusts the property relations between equal subjects so as to have the common essential characteristics of civil rights and the right to remuneration for labor is the private right.The performance of the right to remuneration of labors in China by private enterprises in our country is many,but mainly in the following five categories:First,the remuneration given to them is too low.The remuneration of laborers in China's privately-owned enterprises is extremely low.The second is the remuneration of laborers in arrears with labor.In reality,the number of labor disputes and even mass incidents caused by arrears of labor remuneration is very large,and the phenomenon of "arrears in the past and after the Qing Dynasty" is very serious.Third,depriving or reducing worker overtime pay.On the one hand,there are many objective and objective forms of overtime work.On the other hand,they work overtime to give or pay less overtime wages and work contracts denied overtime wages.Fourth,they evade the minimum wage system.In practice,the employer gives workers a list of wages is often only one total wage,overtime pay,basic wages,bonuses,subsidies,etc.,in order to evade the minimum wage limit obligations.Fifth,wage increases of enterprises are too low.Wages of private enterprises and their ever-growing corporate profits have not been able to increase simultaneously.Many workers' wages have remained unchanged for many years.The wage growth of workers can not keep up with the national economic growth and even the price growth.There are many reasons that led to the aforementioned workers' remuneration for labor rights being infringed upon in various ways,but the most important ones are as follows:Firstly,the ideological concepts are not correct.Business owners usually consider themselves and the enterprises they invest in to feed their laborers,and how much to give wages to business workers is the freedom of the business owners themselves.Meanwhile,both employers and workers are opposed to the profit distribution of the enterprises.Second,in the labor market,the workforce is in oversupply,the employers are in a strong position and the labor force is in a disadvantaged position.The labor remuneration is often unilaterally decided by employers.Third,some specific norms of the current right of remuneration for labor protection are lacking.Such as wage legislation,bonus legislation,legislation on subsidies,overtime wage legislation,etc.are still lagging behind.The specific provisions on protecting workers' remuneration for labor are vague and ambiguous.Trade unions are subject to economic sources and can not negotiate on behalf of their employees with employers at all.Finally,the current law is one of the important reasons for the overly light legal sanctions against workers' remuneration for labor remuneration,especially if not included in the credit information system.Remodeling the concept of protection of labor remuneration.These concepts include the enterprise is a community of interests of both employers and employees,labor-management win-win situation,corporate profits rely on both sides to create and share labor,to the weak and so inclined.It should be pointed out that the profits of employers and their enterprises are created by the laborers'labor rather than the added value of the employers' capital.The improvement of the enterprise's production efficiency needs to be stimulated by both material and spiritual means to continuously improve the labor enthusiasm of laborers.Sex and creativity so as to continuously increase the profit of the enterprise so as to greatly satisfy the respective interests of both employers and employees,the relationship of interest conflicts under certain circumstances of the enterprise's profits should be transformed into the win-win cooperation in the field of cooperation for striving for greater profits,Build a win-win new type of industrial relations.The employers should understand that the principle of "gathering wealth with scattered people and gathering wealth with others" is a joint effort of both employers and employees to create larger and more profitable enterprises so as to maximize the interests of both parties.Build a reasonable wage satisfaction rules.First of all,clearly give laborers total labor rights.If from the investor's point of view,both employers and employees are investors in the enterprise,one can not set up the enterprise if one invests capital,one side invests labor force and the other does not have any investment from either side.Enterprises are the community of interests of both employers and employees.Major business affairs,including remuneration for labor,should be decided by both employers and employees.The law should clearly stipulate that the period of participation in the decision-making process of labor remuneration should also be included in the working hours.It is explicitly stipulated that enterprises should be prohibited from retaliation against workers who have disagreements in the wage-fixing system or they should bear corresponding legal responsibilities.Second,improve the rules of procedural justice in collective bargaining and in individual bargaining.Finally,we should enhance the functions of trade unions.To clarify the responsibilities of the trade unions and derive their economy from the union membership dues,clarify the role of the trade unions as representatives of labor interests,and prevent trade unions from becoming "shabby bodies" and even prevent the emergence of "boss unions" to weaken their functions.It has perfected various legal systems that protect the right to remuneration for labor.The first is to clarify the specific rules of various forms of remuneration for labor,minimum wage provisions,bonus and subsidy provisions,and holiday labor remuneration provisions.The second is to fill the loopholes in overtime wage provisions.Thirdly,it is necessary to construct a system of credit investigation and increase the marginal cost of infringing upon the workers' remuneration for labor so that employers can not infringe the right to remuneration of workers.The last is to step up the penalties for violating the law on labor remuneration of workers and optimizing the remedies for labor remuneration.We will improve various laws and regulations including criminal law,civil and commercial law,economic law,administrative law and procedural law,and severely punish all kinds of illegal and criminal activities that maliciously infringe on the workers' remuneration for work.It proposes to set up a labor court within the people's court to deal exclusively with labor disputes.It is suggested to set up emergency payment fund for wage payment,which is mainly paid by the enterprise on a regular basis for a certain amount of guarantee fund.Enhance the workers' own labor bargaining power,meanwhile,establish and improve relevant protection mechanisms Systematic training for laborers' knowledge of labor skills and rights protection,establishing and perfecting various coordination and linkage mechanisms to punish all kinds of illegal and criminal activities that are in arrears with labor remuneration of laborers,establishing mechanisms of information and information sharing and cooperation.Strengthen the labor mediation mechanism for joint mediation among labor administration departments,judicial organs and legal aid departments;establish an early-warning mechanism for labor remuneration payment led by the labor administration department and involving the trade unions and enterprise federations in monitoring and focusing on key industries.Establish and improve a system of joint labor relations meetings between the governments at all levels and labor union organizations,and jointly study and adjust the new problems in the relations between labor and capital.On the other hand,the government should vigorously support private enterprises and solve all kinds of difficulties faced by private enterprises,especially all kinds of discrimination so as to prevent them from lowering the wages of workers.