中國積極發(fā)揮集體協(xié)商和集體合同制度的作用?!吨腥A人民共和國勞動法》和《中華人民共和國勞動合同法》相繼對集體合同制度作出了規(guī)定。鼓勵企業(yè)積極開展集體協(xié)商,簽訂集體合同。逐步形成以企業(yè)集體協(xié)商為主體、以區(qū)域性和行業(yè)性集體協(xié)商為補充的集體合同制度框架。近年來,集體合同制度覆蓋面不斷擴大,實效性逐步增強,初步建立了以工會或職工代表與企業(yè)或企業(yè)組織平等協(xié)商為特征的集體勞動關系調整機制。
為公正、及時解決勞動爭議,中國2007年頒布了《中華人民共和國勞動爭議調解仲裁法》,明確勞動爭議調解和仲裁的范圍、程序、組織機構、人員和處理機制。建立由政府部門、工會組織、企業(yè)組織共同協(xié)調勞動關系的三方機制,強化調解、完善仲裁、加強司法救濟,及時妥善處理勞動爭議,維護當事人合法權益。頒布實施《勞動保障監(jiān)察條例》,明確了勞動保障監(jiān)察的職責、實施、法律責任,為維護勞動者的合法權益提供重要法律保障。
Collective consultation, together with a collective contract system, is being actively implemented in China. The Labor Law of the Peo-ple’s Republic of China and the Labor Contract Law of the People’s Republic of China both prescribe a collective contract system, encour-aging enterprises to adopt collective consultation and to sign collective contracts. The framework of the collective contract system with collec-tive enterprise consultation as the main body, and with regional and trade collective consultation as the supplement, has been gradually formed. In recent years, the coverage of the collective contract system has been continuously enlarged with increasing effectiveness. A col-lective labor relations coordination system characterized by equal consultation between trade union or employee representatives and en-terprise or enterprise organization representatives has been basically established.
For the fair and timely settlement of labor disputes, the Law of the People’s Republic of China on Mediation and Arbitration of Labor Disputes was adopted in 2007, stipulating the scope, procedures, or-ganizations, personnel and mechanism for labor dispute mediation and arbitration. In addition, a tripartite labor relations coordination mecha-nism has been established, comprising government departments, trade unions and enterprises, so as to better mediate and arbitrate labor disputes and give better legal redress for the timely and appropriate settlement of labor disputes and safeguarding the legitimate rights and interests of the relevant parties. The Regulations on Labor Security Supervision have been issued and put into effect, specifying the func-tions, implementation and legal liabilities of labor security supervision, thereby providing significant legal support for safeguarding the legiti-mate rights and interests of employees.
三、履行政府公共管理服務職責
近年來,中國政府積極發(fā)揮人力資源公共管理與服務的職能作用,加快職能轉變,健全政府責任體系,努力為勞動者的體面勞動和優(yōu)秀人才的脫穎而出,創(chuàng)造良好的政策環(huán)境與社會環(huán)境。
實施積極的就業(yè)政策
III. The Government Shoulders Human Resources Public Management and Public Service Responsibility
In recent years the Chinese government has played an active role in public management of and public service for human resources, accel-erated the transformation of its functions, and improved the govern-ment accountability system, to create a favorable policy and social environment for workers to work with dignity and for talented people to excel others.
Implementing an active employment policy