The Research on Monitor & Law Enforcement Mechanism for Sound Labor Relation in Liaoning Province

Article excerpt

1. THE CURRENT SITUATION OF MONITOR & ENFORCING LAW ON LABOR RELATION

1.1 Certain Progress on Work of Monitor & Enforcing Law on Labor Relation

Government plays the role of guardian for labor's basic right. On the side of government and holding the working idea of "publicizing, service, monitoring and right protection", all labor protecting and monitoring bodies in Liaoning Province gave full play to monitoring function and made efforts to strength the publicity of labor safety law and regulation, labor monitoring and enforcement and the adjusting capability on labor disputes for both year of 2008 and 2009, and conducted the implementation to daily inspection, disposing complaint, right to salary by peasant-worker and "double net-covering" of labor safety & monitoring.

Based on related data from Northeast news net, rate of case closed of complaint by peasant-worker in Liaoning Province increased from 93% in 2007 up to 100% in 2010 (see Figure 1). This shows that monitor & enforcing law bodies in Liaoning Province has strengthened the administration of law and has shifted the manner to peasant-worker's issue, made every effort to guarantee the legal rights and interests for labors.

[FIGURE 1 OMITTED]

The security payments shall be launched to pay wage default to peasant-workers according to The Payment Approval Process to Peasant-worker in Construction Industry in Dalian City". The security payment was set aiming to prevent construction enterprises defaulting wages to peasant-workers, and was deposited in advance by construction enterprises to bank assigned by municipal government. Conducting in October in 2008, the security payments had collected RMB 465 million accumulatively in 2009 and RMB 770 million in September in 2010 (see Figure 2). The implementation of this security payments institution provides guarantee to wage default to peasant-worker and is another innovate to monitoring & enforcing law system.

1.2 Vulnerable Groups and Power Groups During Law Enforcement

Some monitor facilities in county level only staffed 2 or 3 inspectors and some of them are appointed multi-position, thus leas to the difficulties to focus on enforcing law working. The symposium hold by Ministry of Labor in 2008 shows that, among 3271 labor monitoring bodies, 771 are the combining bodies of labor arbitration, petition and legal system, which blocks the effective promotion on labor monitoring working.

1.3 Awkward Position and Compromise Compelled to Enforcing Law Body Due to Its Collision to Local Government

This phenomenon mainly resulted from some incorrect idea in society: first is the existence of local protectionism. At present, part of foreign investing enterprises refused to insure the security payments by taking the excuses of the policy of "improving investment environment, attracting investment and developing economy". Secondly, the fact that the minority business leaders view enforcing law as the aggravating business burden, which covers some unlawful acts objectively and leads to unnecessary approval procedure for normal enforcing law working and sets block to process; Thirdly, the minority takes money for service to enterprises rather than assisting norm regulating. They do not receive enforcing law, even with contradict morale. Thus causes the powerless in enforcing law process within labor safety monitoring bodies due to the consideration of the effect on attracting investment.

1.4 Common Occurrence on Illegal Act by Enterprises

On the basis of related data from present-worker's right protection center and labor monitoring body in Shenyang, back payment to peasant-workers was RMB 41.17 million from December in 2006 to August in 2007, RMB 57 million from the end of 2008 to the end of 2009 and RMB 66.9 million in 2010 (see Figure 2). It follows that back payments are increasing year by year, on the one hand, it reflects the outstanding achievement gained by monitoring & enforcing law body and their focusing on protecting peasant-worker's rights and interests, on the other hand, it also exposes the escalation of illegal action from side-on. …