On The Disposition Of The Labor Union's Property In The Reformation Of The Enterprises

The labor union's property is the material foundation of the labor union's survival and development. The reformation of the enterprises involves the disposition of not only the national property but also the labor union's property. But the people just value the former and ignored the latter in the practice so that the latter loses seriously. It affects the natural process of the labor union activity to the great degree, and the function of exerting to protect the employees'legal rights.At present, the fact that the labor union's property is disposed as the property of the state or the enterprise is existed universally in the practice. The main reason is that the people haven't cleared the nature of the labor union's property. According to the legal theory and relevant legal provisions, we know that: the labor union's property is not the property of the state, the enterprise, the collective, the person, but of the corporate. The labor union's property belongs to the labor union. It is the necessary conditions of the labor union becoming the corporate. It is also the physical security of the labor union's safe guarding the labor's legislative rights.The subject of disposing the labor union's property should be not the government or enterprise but the labor union. Because the labor union is the absolute corporate, so it shouldn't be intervened by the government and enterprise and it have the right to decide the disposition of its property. Since that the labor union's property is different from the property of the state and the enterprise, then we should insist on the following attitude to dispose the labor union's property in the reformation of the enterprises: About the enterprise bankruptcy, the labor union's property should be disposed by the upper the labor union; about the enterprise combination, the labor union's property should be disposed by the combined enterprise's labor union; About the enterprise separation, if it is separated into some newly established enterprises, the labor union's property should be disposed in proportion or negotiation by the newly established enterprises'labor union. If it is separated into some continued enterprise, the labor union's property should be disposed by the continued enterprise's labor union; about the enterprise carrying out the reformation of the joint-stock system, the labor union's property should be disposed by the original enterprise's labor union. In a word, the disposition of the labor union's property is different about the different reformation forms of the enterprise.