Papers Category:Management Papers
- Management Theory Papers
Post Time:2012-12-12 10:28:00
[Abstract] studies have shown that conflict is the essential characteristic of labor relations, and the way to achieve a harmonious labor relations is to balance the body right through the collective way of adjustment, with the co-operation to resolve conflicts and contradictions. Conflict is created by the market economy of production and possession of degree labor for different purposes, and the resulting differences in interests of the decision. while the benefits, rights, institutional imbalance will cause the intensification of the conflict, while the balance is to achieve the main way of harmonious labor relations, collective balance adjustment is an effective means of Therefore, policies and laws should also be subject to balance the rights and process-oriented, focusing on collective labor relations. [Keywords:] collective labor relations, conflict, cooperation, balance; harmony.
Since 2006 the Sixth Plenary Session of the Sixteenth CPC Central Committee, the development of harmonious labor relations are also written to building a socialist harmonious society requirements. Community on the harmonious labor relations and safeguard the legitimate rights and interests of workers voices growing, the National Federation of Trade Unions also in In the same year presented a harmonious labor relations company standards.
However, in recent years, increasing labor disputes, especially since the summer of 2010 people, collective labor disputes "and Spray" broke out, showing a harmonious labor relations propaganda and reality coexist in sharp contradiction between labor and the status of the study show that the conflict the essential characteristics of labor relations, conflict and conceal deny conflict can only cause accumulation and intensification of contradictions, but can not achieve a harmonious labor relations. A conflict of the essential characteristics of labor relations. Labor relations is not only an important part of social relations, social relations also affect other significant factors.
Whether its defined range, the generation and development process, as well as the experience of developed market economies point of view, the conflict has been associated with labor relations run, and led to a variety of related policy and legal formation. Broadly speaking, labor relations refers to the industrialized production of social context, workers and labor organizations for the realization of the user as well as the labor process posed by the social relations . ¨. Such social relations in the production process at the beginning and continuation of a common goal, to labor organizations as the core, is the owner of the interaction between factors of production.
Conflictual labor relations as the essential characteristic has been widely recognized by scholars, whether it is from the perspective of pluralism, such as labor relations will be considered a work adjustment, [21 Production of social regulation, [31 efficiency, equity and voice development , [41 or from a Marxist point of view, such as class conflict, ¨ 1 social movements, ¨ 1 ¨ 1 against such structural point of view. Although they differ on the solution to the conflict, but a conflict of interest as are the basic characteristics of labor relations and regulation objects. Broadly speaking, labor relations in modern society is the basis of the employment relationship, the rights and obligations prescribed by law for the acts of the framework, policy and institutional background, the subject of labor relations in the workplace by the expansion of the range of social relationship development of capitalist production from the perspective of labor relations in the process of the emergence and development of different social status between the main means of production and possession of different degrees, determine their different needs of the labor process, which be produced conflicting labor relations on the basis of objective and subjective. (A) possession of production produce different degrees of conflict passenger Juan foundation. Marxist discourse ownership of production, only its class theory.
Understanding of labor relations also provide an important tool of production occupies precisely the different levels. Was produced and demanded possession of capital and resources to expand and add value asset owners, as well as wage labor had to exchange their own survival and development of social wealth needed hiring workers.
When the owner of the assets in the market, finding and organizing workers into the factory started production, and production workers, after losing to their own labor for reward, when attached to the labor on capital Shen 1 In this environment, the production the expansion no longer at the core of skilled workers, but in the capital of the primary conditions for the production of active workers not directly exchange goods, but the production of capital in their organization using labor workers to achieve capital appreciation purposes.
In the process of production out of the personal data of the owner to carry out production in the form and set up the business the way for employers by providing job opportunities in the labor market looking to accept his proposed price of labor workers, while individuals understand their technology, based on the ability to find a suitable paid work. When employers and workers in a certain environment and information supply under the conditions of acceptance of each other to reach in order to achieve the production target of the agreement. Remuneration of labor and exchange in this process, the two sides decided to exchange the force is different, because the control of the employer This core capital and obvious factors of production have more discretion, employees can decide to sell labor to capital in the case of a party is in a weak position in 20th century America, low wages, long working hours, unemployment and other labor issues, is due to excessive labor supply, labor market failure as a result of individual negotiations with employers the advantages of strength and status caused. f90 employers and workers in the labor relations facto inequality is also reflected in the legal sense of the labor contract. On the one hand, from a labor law perspective, with a labor contract-based labor relations is "formal equality conceal the actual inequality," the worker the employer is a subordinate relationship, rather than the property of an equal relationship with the people who [one is the nature of this relationship is called the capital of the subsidiary labor, labor relations this unequal relationship is an objective basis for generating conflict on the other hand, since the destruction of the contract and bring losses to both sides of the different levels of workers in the market inevitable with employers at a disadvantage in the game, when production can not expand, the employer is the loss of part of the capital increase in value, while the workers have lost sources of income can not be social reproduction and even survival.
So, in order to conclude a labor contract as a symbol of a series of activities that will bring labor relations within the enterprise by the market, in order to achieve object of the contract. Workers were asked to accept the authority of the employer's control of production in the human body subordinate to the owner.
This brought by the economic foundation of inequality of rights of inequality. Employers and managers through different management methods, rules and regulations, legal regulations on employee behavior and obligation to make provisions, and forcing workers to comply, which itself is the power of casting process. Similarly, workers are not defenseless, through individual and collective strength will impose pressure on employers to negotiate , negotiation, industrial action approach, reflecting on the rights and interests and the fight, and when one or both implementation of the outcome of the negotiations have concluded objection to re-condition, conflict or collective dispute the inevitable. (Two pairs of different requirements for the purpose of labor conflict generated by subjective reasons. Labor relations and development is the core of labor, which is the most fundamental form of production.
Marx labor is defined as: human and naturally occurring process that is people through their own actions, mediation, regulate and control their metabolism with nature role in the process. [lu which conscious, purposeful transformation of the world is the human labor and animal instincts most fundamental difference, so in a market economy the labor relations of production occupies an objective determine the status of employers and workers to pursue different labor purposes, when both the objective pursued irreconcilable, the conflict will naturally occur.
This is because the labor relations is a special exchange relationship different from ordinary commodity exchange, labor can not be completely separated from its owner, which is bound to the use of labor who introduced the initiative. Profits and market value growth is the employer The ultimate goal, which is also the capital expansion and greedy nature of the decision. [l 2J in an industrial society, wage income is the basis of personal life only because of market competition in the case of a fixed total revenue workers wage increase means reduced profits and investment, this fundamental economic interests irreconcilable contradictions, while labor and remuneration in establishing exchange relations, as promised exchange carrier labor contract does not completely define the rights, responsibility and behavior, from the establishment of bilateral relations there is uncertainty.
In imperfectly competitive markets, in order to ensure capital appreciation and corporate profitability, efficiency, productivity and growth, managers want employees to obey the corporate policy and management decisions, while employees still want to be able to influence the organization of work and management decisions , able to pay and job content for appeals and negotiations on these parties and their representative organizations, conflicts of interest will eventually manifested as conflict of rights, the result of the conflict depends on the strength of both sides of homeostasis and regulation of third parties, such as law, national policy , or government intervention.
Therefore, the enterprise managers and workers of cyberspace conflicts and disputes are business employment relationship an integral part of the normal labor relations conflicts.
From another perspective, but also by the conflict in labor relations and labor rights and other property rights determined by competition, although carried out to produce the required employer share of production, but the actual production was done by the workers of which party is production owner, has the right to dispose of the other operator for the data, with discretion, that the right to work. both wanted in the labor process for greater control over the production, thereby increasing one's own results in the production of the proceeds possession of the proportion of this property and labor rights conflicts in labor relations on the performance of the efficiency, equity and voice on the conflict, because the property as a basis for individual freedom while economic efficiency and free service, so property it is not inviolable. ¨ to then as the owner of production employers can not require the employee to the sacred property rights subservient labor, so conflicts of interest will always be accompanied by the two sides. Second, is the essence of harmonious labor relations labor-management cooperation.
It plays on different levels of production and the labor process in both the unequal relationship that determines the ultimate benefit of employers and workers in different, which is the root cause of all conflicts, although the conflict is the essential characteristic of labor relations, but it does is not the only form of expression, in a certain period and social conditions, cooperation between employers and employees also can coexist. (A collaboration and the resulting basis.
Cooperation is not negate the conflict, but in recognition of the contradictions and conflicts between employers and workers, under the premise of co-participation in the labor, production process of the two sides as equal subjects of rights, sexual restraint able to make concessions and compromise, through consultation and co- decided the way to complete the production process to resolve the conflict in labor relations in the transition from capitalism to monopolize the process, the use of labor by the capitalists forced to cooperation, whether this is due to market competition, the workers' struggles, or government involvement the results of the performance of social reality into sharp conflict handling internal disputes and conflicts conversion mechanism, and labor relations into identity and cooperation. ¨ scraping but cooperation is not to deny differences in interests, nor to impose the interests of workers, employers so in essence denying the existence of conflict. Instead, recognize different interests and objectives of the premise, to find common interests and goals, and as a basis to determine the rights and obligations of the parties to the legal and institutional norms bilateral relations of cooperation. Therefore, labor relations can be seen as structural calculations of confrontation and cooperation.
¨ correct when partnership stabilize labor relations manifested in a harmonious way.
In labor relations, cooperation between employers and employees is part of the premise of the existence of common interests, is based on the conflict can be coordinated, that is put into production as the goal of the commodity labor process, which is the capital and the fundamental way to increase social wealth, Workers are also a major source of revenue sharing from another perspective, the capitalist productive forces in order to solve the problems. Must rely on and inspire the creation of labor and production capacity, so we need a certain degree of cooperation with the workers, but also for the maintenance of labor relations workers and has interest in its own survival, and the essential characteristics of a conflict of interest compared to this kind of work places the dual nature of labor relations not only means of both direct confrontation strategies, but also represents the relations of production and productivity to solve conflicting demands. ¨ called in this purpose under the action of the fundamental interests of both employers and workers and labor conflicts at the same destination Ability to accept the labor and property in exchange for compensation, said the two sides agreed to a labor contract results and complete the exchange within the enterprise in order to achieve co-production.
And because of the subjectivity of the main labor force participation in the fundamental purpose inconsistent with the premise, there is also the possibility of provisionally agreed common goals, which depend on the needs of the body and the degree of inclusiveness, rational subject will also consider their own survival and conflict consumption and results, and thus choose whether to accept the conditions for cooperation, if employers and employees against each other, then the working relationship will break, the production can not be maintained, eventually leading to the disintegration of social relations and restructuring, so for employers and their compromise is through shared management authority to obtain effective control. [171 bilateral labor objective existence coexist parts, namely, to maintain the production process as well as individual and social existence, which to some extent reflects the enterprise's profitability and development of personal income implementations also need to produce the smooth implementation of and results into revenue. history of the labor movement but also from the world's perspective, violence gradually as legitimate, institutionalized negotiations and strikes are replaced, and in some highly concentrated representative national (such as Germany, Sweden, cooperation and common decision employers and trade unions can become a form acceptable. (Two harmonious labor relations of the nature and significance.
China to develop a market economy is essentially on the performance of the means of production and possession of different commodities, because only the possession of different degrees, only the exchange of demand and supply of produce, market and economy can develop, so that a harmonious labor relationship is not To deny that a conflict of interest, but to recognize the right of possession and production purposes alienation of labor, put the two sides as well as the position of the government, labor relations formed in the market to the market to solve the problems by employers and trade unions and their organizations consultations and negotiations, the government should reduce the interference to specific events in the maintenance of social fairness and justice, based on the formulation of laws, policies, balance between the rights and obligations between the body and achieve the body and the balance of power, which is the realization of a harmonious labor relations the first condition. Harmony is not a simple full agreement, there is no contradiction and conflict, but to recognize contradictions and conflicts controllable.
Employers and workers in the possession of the means of production and labor on the ultimate aims and interests were, determine the "monism"
Fully consistent relationship between the interests of the market economy does not exist, so harmonious labor relations is presented only means cooperation between employers and workers, which is in the common part in their target under the effect of the production conditions and the regulation of labor relations collegiate reached in this process, the conflict is controlled to a certain extent, the two sides have agreed the principles and methods of conflict resolution, which is based on the basic principles of labor law << >>, << >> Labor Contract Law and other laws and regulations based on norms and regulation of labor relations rights and obligations between the main body to protect workers' legitimate rights and interests of legitimate capital gains. Labor relations is not just a contract, it is a state.
The former refers to the creation of employment and personal responsibility in a pure market principles and obligations organizational system based on the relationship, while the latter refers to employees as an investment rather than cost, and allowed to participate in decision-making and the formation of long-term relationships. '1 Vice harmonious labor relations should pay more attention to the state, because harmony is a long process, short silence does not mean the disappearance of the conflict, only long-term cooperation can bring harmony and stability of the final, where staff participation in decision making and collective adjustment method helps on improving the organizational functions of the play, help coordinate conflicts of interest and harmonious forms. Therefore, labor relations, the conflict is characterized by its very nature, harmony and cooperation phenomena and processes. posted in free download http: / / eng.hi138.com three balanced conflict and cooperation is an inevitable means to achieve harmonious labor relations.
China's market economy reforms have alienated production, possession and labor purposes, which determines the nature of labor relations conflict, but the presence of some common interests make the cooperation possible, but also laid the foundation for a harmonious.
The imbalance between the rights and obligations of labor will lead to intensification of the conflict, thereby undermining the labor-management cooperation, therefore, necessary to achieve a harmonious labor relations labor relations balanced way is to complete the transition from conflict to cooperation. (A) the imbalance of labor relations.
Labor relations theory, research and policy development must clearly take into account workers, employers, and social objectives, and in their interests to find a more equitable balance. Ll mow in China, with the growing awareness of workers' rights, they are increasingly the more unbearable unequal power relations and social status. 30% annual rate of increase of labor dispute cases, more collective disputes and the number of participants, work stoppages and mass incidents frequently, these phenomena are evidence of our labor relations in an unbalanced state its performance for the benefit of the imbalance, the imbalance of rights, institutional imbalance, the result of these imbalances is a contradiction accumulated to cooperation and consultation can not be resolved, but in the form of labor dispute broke out, hampered by the Conflict to Cooperation transformation, undermine social harmony.
Harmonious labor relations legally speaking, that balance the interests of capital and labor, but in the Chinese capital's property rights and the right to operate has received adequate attention and protection, and for the protection of labor rights just stay in the declaration or in principle, our workers are traditional rights under a planned economy to a market economy organized under negotiation right into the relative vacuum. Ⅲ 1 attention and protection of the economic and social income to the government and enterprises tilt, resulting in damage to the interests of workers in the reform. "Labor Contract Law >>, << >> Social Security Act and other laws and provisions introduced, the protection of labor rights of the individual can be improved, but the organization, collective bargaining and other labor rights development is still lagging behind.
On the property rights system and economic growth concerns, not only exacerbated the unfair distribution of benefits, and further increase the rights of imbalance. Foreign capital support, the encouragement of private capital, as well as the loss of unfair SOE reform national assets , China's capital market has been a great development, the power of capital owners also expanding at the same time, coupled with expansion of executive power, some local governments for short-term economic interests, in order to attract capital at the expense of the interests of workers, and capital joint venture, join forces to suppress workers' legitimate rights and interests to pursue. If you can not form a new distribution of interests and conflict handling mechanisms can not be achieved by the conflict to cooperate shift, it is impossible to achieve a harmonious labor relations. Requires balancing system of labor relations is also reflected in the imbalance.
Institutional equilibrium between different interest groups is a system supply state, with the interests of the main force of change and change, in the repeated game, influence political decision-making and public policy, thereby forming a state of equilibrium, while China's adjustment of labor relations, formal and informal institutional supply shortages, while the old system is seriously lagging behind or some innovative new system interfere with the normal market order, in lieu of executive power market rules, also causing some system failure. [2 ¨ system imbalance in the distribution of benefits will further increase the gap, resulting in the coordination of the interests of both parties work hard to achieve the same results in the formation of the system, and if you do not attach importance to equality and cooperation in the formation of laws and policies can not be transferred from the system by the conflict for the cooperation and harmonious labor relations will lose protection. (Two balanced content and methods.
Based on the above, would like to achieve a harmonious labor relations and realize the transition from the conflict to cooperation, we need to pass in the dominant position of bargaining power, process forms and other aspects of legal and institutional framework, the subject of labor relations balance the rights and interests . First, the main balance is the foundation.
Principal balance refers to employers and workers in the form of labor relations on an equal footing, on labor-related matters have equal decision-making power, which is to negotiate and implement bilateral cooperation. Only the first recognize the subject of labor relations of equality, in order to ensure equitable distribution of benefits, and in the formulation of laws and policies, the balance of rights and obligations between the parties, but in a market economy the actual economic status of employers and workers unequal fact determines the individual Workers want to achieve equality is to be the main way through collective, which requires three to develop a collective right, let the unions to play a sound and interests focus on the role of the workers, and the workers more closely. recognize the equal status of the body, but also the balance of bargaining power and the rights and interests of the basis of the requirements. Secondly, the balance of power is real.
Rights laws and policies have benefits, so labor relations conflicts generally include the rights and interests, but more important is to have a realization and guarantee the rights, interests mechanisms, that is, power itself. distribution of benefits and rights of the owner is not static, policies and laws will affect them, but behind this is to play a role in the balance of power mechanism is the nature of organizational hierarchy of power, the right of employers (managers and is unequally distributed among workers, which is prompting workers to choose which way to get a balanced force determinants .1221 through legal and institutional requirements of employers and workers' rights, especially in collective bargaining and the right to collective behavior in dispute, This ensures that the balance of power in the adjustment of labor relations in the central role of conflict of interest, such as the United States in the 1930s of the "new program" program is through a series of laws to promote the workers' bargaining strength and power with employers, to help the United States through the "Great Depression" after the economic difficulties, exacerbated by labor conflicts and social turmoil.
Third, the process is a form of equilibrium in the balance of the body through the power of laws and policies on the basis of labor relations process to achieve a balanced and harmonious labor relations is the main form of expression. Regulating labor relations mainly include wages, hours, working conditions determined , collective bargaining, labor disputes, punishment and expulsion, string v, inclusion and participation, etc., tumultuous one in dealing with these factors in the process, in line with the subject of equality, the principle of consultation and cooperation to resolve conflicts and disputes which collective labor relations Not only is the primary means to achieve a balanced process, is to adjust the long-term trends in labor relations, but also become a major developed capitalist countries a common choice for this is because in the labor market, compared with the individual worker, the employer owns the means of production and thus occupy dominant bargaining power to resolve this imbalance is the most natural way to organize workers through trade union in order to generate the equivalent bargaining power .024]. Conclusions.
Conflict discussed above proves the essential characteristics of labor relations, which is determined by the nature of the market economy, production possession, labor and so different purposes of the decision, the socio-economic objective law. Neglect of the essential characteristics of the conflict, while forcibly identity covering the difference between employers and employees, will lead to failure of coordination of interests, and ultimately intensify contradictions and conflicts, resulting in labor disputes broke out, so recognize the conflicts and differences in labor relations is a correct understanding and harmonious labor basis of the relationship, while focusing on collective bargaining and collective dispute, is to balance conflicting interests of labor relations, the most important way to achieve cooperation.
[References]  Chang Kai Lord shrink Labor Relations [M].
Beijing: China Labor and Social Security Publishing House .2005:4.  Flandem, Allen.
1965.Industrial Relations: What is Wrong withthe System? An Essay oo Its Theory and Future.IJ0ndon: Faher & Fabcr.  Cox, IL 1971.
"Approaches to the Futurology ofIndustrial Reklions". Bulhtine of the Institute of L and bor Studies.8 (8:139-64.  Budd, J.
2004.Employment with a Human Face: Balancing Ettlciency, Equity, and Voice.Ithaca: ComeU University Press.  Hymon, R 1975.
[Ndostfial Relations: A Marxist Introduction.London: Macmillan.  Kelly, J.
1998.Rethinking Industrial Relations: Mobilization, C01.1eetivism and Lng Waves.London: Rouiledge.  Edwards.
P-2003. "The Employment Relationship and the Field ofIndustrial Relations". In Edwards, P (ed.Industrial Relations: Theeryand PraL-ce.2nd edition, Oxford: Blankwell: I-36.  Gintis.
H 1976. "The Nature of 1.Mlbo [1l-Exchange and the Theoryof Capitalist Production", Review of Radical Political Economy.8 (2:36-52.  Kaufman.
B.1997. "Labor Markets and Employment Regulation: The View ofthe "Old" Institutionaliats ".
In Kanfman.B. (Ed.Govern · ment Begulation of the Employment Relationship.Madlson: IndustrialRelations Research Association.PP ll a 55.P15.  Chang Kai.
On a separate legal characteristics of labor relations 0: Also on the legal regulation of labor relations trends [J]. Chinese labor, 2004, (4:14 a 17.  Marx.
k CapitaL VoL 1.Chapter 7.London: Penguin.1990 (reprinted.P283.  Thompson, P1989.
TheNature ofWorl [: AnIntroductiontoDebateson the Labour Pwcest 2nd edition-London! Macmillan.P22.  Budd, J.
2004.Employmentwith aHuman Face: BalancingEffi-eieney, Equity, and Voice.Ithaca: Comell University Pre ‰ P51.  Bumwoy.
M.1979.Manufacturing Consent: Changes in the l_ahourProcess under Monopoly Capitalism.Chieagc, University of ChieagoPre% P93.  Edwards, P_Conflict at Work: A Materialiat Analysis of Work. place Relations.
Oxford: BlackwdL 1986.P77.  CresBey, P and Mclnnes, l 1980.
"VotingforFord: IndustrialDemocracy and Control of Labour". Capital and Class.4 (2:5-33. P14. "17] Flandem.
A.. ne Tmdition of Voluntmism ", Bfitish Jom" nalof Industrial Relafiong 1970.12 (3:172.  Edwards.
P 2003 .. The Employment Relationship and theField of Industrial Relations ". In Edwards, P (ed.Industrial Relatiom: Theory and Pracfce 2nd edifiom Orford: Blankwell: l a 36.
P18-19,  Keohan.t 1980.CoUective Bargaining and Industrial Relatiom: From Theory to Policy and Practice.
Homewoed: Irwin.Pi2.  Chang Kai.
Labor relations harmonious society Legalization [J]. Attorney FY 2007. (6:28-29.  High-tech meeting.
Transitional Period imbalance of labor relations system [J]. Central Finance husband Science, 2007, (6:87-91.  Guo Zhigang harmonious labor relations and kernel mode [J].
Financial Sciences .2008. (5:88-94.  Sun Zhaoyang.
Corporate employment relationship model Analysis [J]. Social Science Journal, 201I, (1:144-147.  Gomez.
R, Budd.J.and Mel NIE. N.2004.why n Balance isBest: the Pluralist lndmtrial Relaliom Paradigms of Balancing ComperingIntereat ^ In Kanfman, B. (ecLTheoretical Perspectives onW address and the Employment Relationship.Industrial Relations ReseamhAssociation.ComeH UniversityIthaca.pP-195-228.P213. Links to free download http://eng.hi138.com