Guo Zhengang, commentator of China Industrial Network
"Both" feeling the pulse "and" making prescriptions ", thank the trade union for its timely intervention and warm service!" - According to a report in the Workers' Daily on May 14, a paper company in Deyang City, Sichuan Province recently invited the lawyers of the Municipal Federation of Trade Unions to come to their door to "pick holes" for them. Three years ago, this company was in trouble in the cold winter of industry development, which coincided with the legal risk medical examination of labor and employment carried out by Deyang Federation of Trade Unions. The legal risk medical examination not only finds out the potential hidden danger of labor relations for them, gives detailed rectification opinions, but also actively guides them to overcome difficulties through collective negotiation.
The Deyang Federation of Trade Unions has continued to carry out the "rule of law physical examination" of labor employment for 11 years and has continuously optimized and improved it, combining the risk prevention function with helping enterprises standardize management and safeguarding the legitimate rights and interests of workers, It has not only not weakened the traditional functions, but also expanded new momentum, which has won the welcome of enterprises and employees.
In fact, this result is the original intention of building the "legal physical examination" system of labor employment, and also the direction of the development of the labor legal supervision system of trade unions.
Since the All China Federation of Trade Unions deployed the "rule of law medical examination" of labor employment, local trade unions have taken this as a starting point to continuously deepen the function of labor legal supervision of trade unions, and have achieved many new results in practice. For example, through the "rule of law medical examination", some illegal and compliant areas in the rules and regulations of employers have been effectively corrected; By checking the legitimacy of the management of employers, some employers' abuse of autonomy has been curbed to a certain extent; The integration and integration of "legal physical examination" and safeguarding the legitimate rights and interests of employees have more effectively protected the rights and interests of workers.
However, in the process of carrying out the "rule of law physical examination", there has always been a phenomenon - some employers simply equate the "rule of law physical examination" with "finding problems" and "finding deficiencies", which is quite contradictory and negative. Some non-public enterprises and small and medium-sized micro enterprises have even shown incompatibility and obstinacy. This has affected the function of the "rule of law physical examination" system, as well as the realization of its purpose of preventing risks and promoting development.
The above situation is related to the fact that some employers' managers do not understand the original intention of the "rule of law medical examination" system, and they have their own infringement, afraid of being "exposed"; It is also related to the fact that some local trade unions only focus on the correction function when they carry out the "rule of law physical examination", and do not relate it to the promotion of employers to improve the quality and efficiency of enterprise management, and the promotion of enterprises and workers to build a "community of interests". But the deeper factor is that the professional and advisory functions of the "rule of law medical examination" to help enterprises promote compliance management are not well reflected, and the friendliness of promoting enterprise development and improving enterprise management level is not played out.
From passively accepting the arrangement to actively inviting in, the change of the enterprise's attitude towards the "rule of law physical examination" shows that from promoting the interests of the enterprise and safeguarding the interests of employees, the "rule of law physical examination" of labor employment can not only play the role of preventing labor risks and reducing labor disputes, but also promote enterprise management to a higher level.
It is expected that local trade unions will learn from the above experience, optimize the working mechanism, let the "legal examination" of labor employment play a greater role in strengthening the supervision of labor laws and regulations of trade unions, and show greater achievements in building harmonious labor relations.
