Research On Legal Issues Of Labor Protection Supervision By Enterprise Trade Unions In My Countr

With the intensification of economic structure adjustment and social transformation,the contradictions in labor relations have become prominent,and the phenomenon of illegal employment by enterprises has occurred from time to time.Disputes involving laborers’ occupational safety,labor remuneration,and basic rights and interests such as performance or termination of contracts have always been high.In this situation,it is of great significance to give full play to the role of enterprise trade unions in labor protection supervision to safeguard the legitimate rights and interests of laborers and ensure safe production.The labor protection supervision of the enterprise trade union is the special supervision carried out by the enterprise trade union on the compliance of the labor protection law of the enterprise,and it is a kind of mass and social supervision.It follows the protection of labor rights and interests,and endows trade unions with supervision rights in labor protection through democratic means,extensive content,and social methods.In order to explore the current system and its existing problems,this paper selects 29 provincial-level trade union labor protection supervision local legislative texts,and conducts research through the combination of quantitative analysis and qualitative analysis,normative analysis and comparative research.The study found that there are big differences in the way of rights allocation of labor protection supervision of enterprise trade unions in my country,the regulation of inappropriate behavior of enterprise intervention,the occupational security of supervisors and legal responsibilities.The research also shows that this system is generally not strong in supervision,making it difficult to effectively supervise employers;at the same time,local legislation lacks effective regulation of employers’ inappropriate behavior,which reduces the actual effect of supervision;in addition,legislation has generally failed to clarify the legal responsibility of the supervisory body,which makes the motivation of trade union supervision obviously insufficient..There are deep root causes for the formation of these problems.There are not only structural reasons for the imbalance of labor relations,but also institutional obstacles to the coordination mechanism of labor relations,and more subjective incentives for the anomie of labor rights.In the long run,the labor protection supervision of the enterprise trade union power cannot be effectively exerted,which not only weakens the efforts of laborers to participate in the democratic supervision of enterprises,but also easily leads to the extremeization of labor rights protection methods,which increases the risk of labor protection supervision work by the labor union of enterprises.Therefore,to improve the labor protection supervision system of enterprise trade unions,we should first base on the normative level of legislation,improve the labor law supervision organization of enterprise trade unions and the mechanism for accepting complaints and reports,and enhance the supervision of enterprise trade unions;Supervise the misconduct of intervention,and further strengthen the supervision function;improve the supervisor incentive system and clarify the corresponding legal responsibilities,and promote the enthusiasm and initiative of supervision to perform their duties.