勞資權力均衡視角下的勞動者權利保護研究

PROTECTION OF WORKERS' RIGHTS FROM THE PERSPECTIVE OF POWER BALANCE BETWEEN EMPLOYERS AND EMPLOYEES

我國勞資關係的現狀距離和諧狀態仍有一段距離，勞資糾紛及群體性事件時有發生。究其深層原因主要是由勞資雙方權力長期失衡所致，勞動者在勞資關係中的弱勢地位導致其基本權利屢遭受資方的侵害。從勞資主體的權力角度來看，保護勞動者權利的關鍵在於實現勞資雙方權力的均衡。鑒於此，我們將重點著眼於：轉變和更新理念，把勞資權力的均衡作為調整勞資關係的終極方向及目標；把勞動法律制度的完善作為勞資權力均衡的法律保障；提高勞動者的經濟能力、組織化能力與集體談判能力；規範雇主組織的行業自律和公平性；加強維權的行政執法和司法保障；改革工會的職能與代表權的構成機制；提升政府部門的調控效力等，真正實現對勞動者基本權利的維護，體現和諧社會應有的正義與公平。

The ideal harmony is still a dream for China's labor relations in which labor disputes and mass events occur occasionally, which mainly results from the long-term imbalance of power between employers and employees, and workers' absolute disadvantage in labor relations that brings about the violation of their fundamental rights. The key to protecting workers' rights, from the perspective of the labor power, is to achieve balance of power between employers and employees. In view of this, significance should be attached to: changing and updating the concept so as to put the balance of power as the ultimate objective of adjusting labor relations and optimizing labor law regime as legislative protection of the balance of power between employers and employees; promoting workers' collective bargaining capacity and economic power; enhancing the fairness, self-discipline, and industry of employers' organizations; providing law enforcement protection and judicial guarantees for workers' rights; reforming and improving the functions of the representatives of trade unions and the right configuration mechanism; and strengthening governments' regulation on labor relations, so as to protect the fundamental rights of workers and demonstrate the fairness and justice of a harmonious society.