本文回顾了"公民"在劳动关系理论与实践中的广泛相关性,并介绍了作为社会运动的一种,"公民运动"与公共生活发展之间的独特联系.同时,本文也认为在美国多次复兴的劳工运动隶属于社会运动.这些劳工运动包括公共服务部门劳工运动、教育和医保运动、移民劳工运动、社区组织运动、临时劳工运动、低保运动,以及保护当地社区减少受企业裁员和工厂关闭影响的运动等.在全球化时代,这些劳工运动和相关的社会民主运动也在地方社区的维护和重建中得以融合.
弹性工作制是对弹性生产方式的一种应对措施,以便于实现组织在功能、数量、薪酬和工时等方面的灵活性.随着互联网信息技术和平台经济的发展,很多行业的生产组织方式发生变化,以灵活性为主要特点的新就业形态大量出现,弹性工作制的实施范围进一步扩大.在推行弹性工作制的实践中,还存在规划和现实有差距、相关政策执行困难、缺乏民主管理程序保障、职工合法权益受侵害等问题.因此,有必要从政策法规的制定、实施、监管,用人单位的行为约束及工会组织的作用发挥等方面进一步规范和完善弹性工作制,在推动正常生产经营的同时保护好职工的合法权益.
零工劳动中,以平台模块化用工和弹性雇佣为主要特征的关系模式客观上给劳动者带来了自由空间,但与此同时,激励性工资带来的"赶工"游戏和多主体超视距监管又使得劳动者对平台的从属内在强化,劳动与资本间呈现出"自由"与"依附"二元矛盾并存的现象.文章从马克思主义的视角认为,导致这种现象存在的原因主要是生产资料的重要性及不同类型生产资料所有权的归属在零工经济时代发生变化.一方面,物质生产资料所有权的部分转移使得劳动者对平台的依赖在表面上有所减轻;另一方面,数据在平台的高度集中以及资本对数据的占有,又使得劳动者对平台的实际从属内在强化.劳动者合法权益的保护和健康规范用工生态的打造需多主体同频共振、多机制共同发力,以形成共治共享、和谐共促的劳动关系新格局.
我国平台用工去实体化、去雇佣化、隐秘化及去劳动关系化等现状趋势,带来了平台劳动者权益保障缺失、利益群体分化、组织程度弱化、维权渠道不畅、矛盾风险突出等挑战,给劳动关系协调工作造成巨大压力.进入新发展阶段,亟须在现有探索的基础上,研究确立平台用工劳动关系的界定规则,推动建立适应平台用工的利益协调机制、诉求表达机制、矛盾调处机制和权益保障机制,构建平台用工和谐劳动关系,统筹劳动者权益保障和经济社会高质量发展.
平台经济的崛起催生出各类平台用工方式,无不展现对工作时间的弹性化需求,其中以外卖平台最为显著.在新型平台用工模式下,外卖平台用工无法被认定为劳动关系,平台配送员在工作时间、劳动强度、劳动报酬等涉及切身利益的方面无法得到劳动法保障.相较于集中力量论证平台配送员的法律身份属性,更现实的需要是围绕外卖平台用工的特殊性,完善有效保障平台配送员权益的制度措施.在工作时间管理方面,可以适用或参照特殊工时制制定合理的工作办法,并通过技术手段对连续累计工时以及劳动强度予以控制;在劳动报酬给付方面,应该通过多方协商确定行业计件报酬标准,加强对平台交易资金的监管,推动建立区域性和行业性工会联合会,加强平台配送员群体话语权建设,同时辅以有效的反克扣机制,保障劳动报酬的及时与足额支付.
Since 2011,collective wage negotiation in the sanitation industry in Shanghai has gone through three stages of formation,expansion and development,and deepening and upgrading,and has developed the characteristics and effectiveness such as insisting on employee-based,persistent,industry-led and enterprise implementation.This paper summarizes the ten-year history and exploration of collective wage negotiation in the sanitation industry in Shanghai.On the basis of analyzing the bottlenecks and challenges facing collective wage negotiation in the sanitation industry under the new situation,it proposes to actively promote the legislative norms of collective negotiation in the public service industry,improve the organizational system of collective negotiation on wages in the sanitation industry,thoroughly study the future standard of sanitation work quota,scientifically determine the annual minimum wage and the rate of increase in the sanitation industry.This report proposes countermeasures to promote further innovation and development of collective wage negotiation in the sanitation industry in Shanghai.
Article 48 of the Labour Contract Law of the People’s Republic of China clearly stipulates the legal effect of the employer’s illegal termination of the labour contract,but Article 90 does not stipulate the effect of the employee’s illegal termination of the labour contract.By studying the cases on whether employee’s illegal termination of the labour contract has the effect of the termination of the labour contract,it can be found that the application of the right to resign in judicial practice far exceeds the scope of Articles 37 and 38 of the Labour Contract Law.Considering the unenforceable nature of the subject matter of the labour contract and the balance between the labour rights of the employee and the management rights of the employer,it is reasonable and necessary to recognize the super-generalized right to resign.This article proposes that China’s legislation should clarify that the employee’s intention to terminate the labour contract illegally has the legal effect of terminating the labour contract when it reaches the employer,while if the employer suffers losses due to the illegal termination of the labour contract by the employee,the employee shall be liable for compensation.
With the advent of the Internet age,Internet technology is dissolving and reconstructing the organization mode of traditional society.Virtual labour community is a new form of labour organization in the Internet age.Its forming motivations come from the three needs of unity and mutual assistance,emotional talk and identity.Although virtual labour community helps workers cope with instability,release work pressure and seek the collective sense of belonging to a certain extent,from the perspective of actual operation,it may also brings potential risks such as power overload,group polarization and grey operation.The governance of virtual labour community should be planned and responded to the situation by changing from a technical governance mindset to a holistic governance mindset,from a single governance system to a pluralistic governance system,and from a management control strategy to an administrative absorption strategy,so as to ensure the stability and order of virtual labour communities and promote the effective exercise of their positive influence.
The “debate on labour union issues” is a landmark event that the Communist Party of Russia began to explore the cause of building socialism.It is also an unprecedented and extremely fierce debate in the history of the Communist Party of Russia,which has a far-reaching impact on the political life of the Communist Party of Russia and the construction of labour unions.Trotsky’s wrong proposition is the direct reason for its occurrence,but the deeper reason lies in the party’s lack of ruling experience and the lack of effective measures to solve inner-party contradictions.The debate centered on the “nationalization of labour union” and revolved around the status,task and role of labour union under socialist conditions laying a solid theoretical foundation for the construction of a theoretical system of labour unions in the socialist period under the historical conditions of the new economic policy,but also laying the hidden danger of weakening internal party democracy and government-run labour unions.This debate occupies an important position in the history of the development of Marxist Labour Union Studies,and is of great significance to to the development of Marxist Labour Union Studies.
数字时代，企业管理权与劳动者隐私权的冲突加剧了劳资矛盾。为协调劳资冲突，双方应各退一步，劳动者在工作场所享有部分隐私权，而企业只能进行有限监控。法院应明确侵犯劳动者隐私权案件的审理思路，分“两步走”审理，将程序审查作为实质性审查的前提；同时，工会及监察部门应发挥监督作用。此外，在《民法典》明确人格权的背景下，应协调劳动法与民法典之间的关系，重塑、调整、升级数字时代劳动法理论和制度，进行精细化立法，在后续的修法活动中也应树立尊重人格尊严、保护隐私权的理念。
China’s “labour law” and “labour contract law” stipulate that the employer has the right of unilateral termination under specific circumstances.At the same time,it also stipulates that the employer should perform the procedure of notifying the trade union of the reasons in advance before exercising the right of unilateral termination.In this regard,the current judicial interpretation has been expanded to allow employers who meet the substantive termination conditions stipulated by the law to make corrections to the procedure of notifying the trade union before litigation.However,from the perspective of the application effect of this judicial interpretation in practice,there are some problems,such as the surge in the number of cases,the difficulty of safeguarding workers’ rights,the increased risk of employers abusing the right of unilateral termination,and the weakening of the pre supervision function of trade unions.After reexamining the legitimacy,rationality and feasibility of this judicial interpretation,we can find that it implies defects such as too narrow regulation subject,too loose regulation conditions,conflicts between litigation and arbitration results,and weakening of the supervision function of trade unions.Therefore,it should be further modified and improved.
In the early years of the People’s Republic of China,the low literacy and technical skills of the workers constrained the development of industry and the vision of rapid industrialization.In the 1950s,the Central Committee of the Communist Party of China and the Beijing Municipal Government launched literacy education among the workers through various modes of mobilization,which achieved very important results and contributed to the development of industrial production and the process of industrialization,and enabled a two-way interaction between literacy and industrial production.However,the vision of rapid literacy and industrialization made the literacy effect of Beijing workers deviate in the 1950s with a large discrepancy between the expectations of the country and the actual results.In a word,the real picture of Beijing workers’ literacy achievements and shortcomings has had an important impact on the whole society.
推进货车司机群体入会工作,对于扩大工会组织基础、维护货车司机合法权益、推进劳动关系领域社会组织引领、参与国家治理与社会治理、构建和谐社会等具有重要意义.货车司机的工会会员身份是其中的重要问题.本文立足工会的产生与发展逻辑,从用工形式与收入性质、劳动工具性质、用工主体等角度进行分析,提出采取"双覆盖"原则推进货车司机入会、以精准服务带动司机入会的可持续发展、注重发挥工会积极分子的示范引导作用等工作建议.
The analysis of “buying-side monopoly” and “selling-side monopoly” in labour market in labour economics shows that labour market is closely related to anti-monopoly law.In the practice of antitrust system in the United States,the labour market has always been under the supervision of the antitrust law,and it has shown a development pattern from “supervising labour unions” to “supervising employers”.This is not only related to the unbalanced development of labour power,but also inseparable from the multiple regression of the value objectives of the anti-monopoly law.On the whole,the antitrust regulatory system of the American labour market is relatively well developed,but there are also deficiencies in specific areas of regulation.Under the background of improving factor market and labour supply,anti-monopoly regulation rules of Chinese labour market need to be replenished.Based on the experience of the American system,China should include employer restriction of competition behaviour in the regulation scope of the anti-monopoly law in the future.
In recent years,anti-globalization has become increasingly prevalent in the developed economies represented by the United States and Britain,and the low educated workers are the core of the anti-globalization alliance.On the basis of revising and supplementing the analytical framework of diversified capitalism,this paper attempts to theoretically construct the causal relationship between the national system,enterprise employment strategies and anti-globalization,in order to better explain the obvious differences in anti-globalization possibilities among different types of developed capitalist economies.Based on the review of research documents in six institutional areas （education and training,labour relations and trade union organizations,inter enterprise relationship networks,financial system and corporate governance,social welfare system,and state intervention in the economy）,it is found that in economic globalization,the closer the institutional system of developed economies is to an ideal free market economy,the greater the pressure and motivation of enterprises to pursue labour arbitrage employment strategies,the greater the possibility of competition between workers with low educational qualifications and workers in developing economies,the greater the possibility of anti-globalization.
In 2021,the Ministry of Human Resources and Social Security and other eight departments jointly issued the Guiding Opinions on Safeguarding the Labour Security Rights and Interests of Workers in the New Employment Form,proposing the idea of hierarchical adjustment of the new employment form,and proposing a new legal relationship between labour relations and civil relations,that is,“not fully in line with the situation of establishing labour relations”.However,in view of the lack of support from the existing legal system,there are obstacles to the implementation of “not fully in line with the establishment of labour relations”,and the adjustment of this new employment relationship has yet to be completed by legislation.In the future legislation,it is an urgent theoretical issue to be studied whether to learn from foreign models or to continue the local path.This paper attempts to propose a reference path choice for the legislation of new employment forms from the perspective of comparative analysis of legal regulation of new employment forms at home and abroad.
The universalization of internship and the “unfamiliar” of internship pay are common problems in the world.The common feature of internship pay system is the coexistence of paid internship and unpaid internship.Internship pay system can be divided into “time division” model （e.g.France and Germany） and “identity division” model （e.g.the United States and the United Kingdom）.The “time division” model is more demonstrative.It offers paid internships for longer periods of time and unpaid internships for shorter periods of time.There is also a distinction between paid internship and free internship,which has its own legitimacy and disadvantages.In comparison with overseas experience,it is advisable to establish a new “ladder” model in China,that is,unpaid internship for less than one month,and paid internship for more than one month;Internship pay is closely related to the minimum wage standard,increasing with the duration of the internship.In addition,China can adjust and optimize the structure of “education surcharge” and “local education surcharge” by referring to “apprenticeship tax” from other countries,so as to provide financial support and build an incentive mechanism.
Common prosperity is a social goal pursued by mankind,and labour is the basis of common prosperity.Workers’ aspiration for a better life embodies the essence of common prosperity.This paper argues that the promotion of common prosperity and the work of trade unions have internal logical connection,which is reflected in the value orientation,power source,connotation category,material basis,key links,key objects,talent support,basic security and other aspects.Trade unions have the functions in promoting common prosperity:interest representation,solidarity and education,construction and development,maintenance and service,resource integration and governance participation.In the exploration of practical ways to promote common prosperity,trade unions need to strengthen ideological leadership and publicity education,build a high-quality workforce,organize workers to make contributions,strengthen participation at source in policy formulation,promote the construction of a coordinated and complementary distribution system,build harmonious labour relations,improve the work system for serving workers,deepen counterpart support cooperation,strengthen the construction of trade unions themselves,and promote enterprises and the staff to build and share the fruits of reform and development.
本文介绍了公平工作委员会及其发起的研究项目,该项目致力于在全球范围内建构更公平、透明和公正的平台用工环境.当平台劳动者陷入工作时间长、压力大、收入低、工作环境不安全等现实困境时,公平工作委员会参考《道德倡议基本守则》、SA8000认证计划、《平台工作法兰克福宣言》等提出的劳动标准,确立了全球公平工作的五大原则,即公平薪酬、公平环境、公平合同、公平管理和公平代表.这五项原则被用来考察与评估全球用工平台,制定相应的标准与规则,规范平台用工实践,进而实现平台经济中的体面劳动.公平工作委员会也因此取得了广泛的社会影响.
