论文部分内容阅读
作为最具中国特色的职工民主管理制度,职工代表大会自从上世纪50年代问世以来,在保障职工享有依法参与企业管理的权利、维护职工的合法权益、调动职工的积极性、促进国有企业深化改革、建立现代企业制度方面,功不可没。近年来,随着社会主义市场经济的建立尤其是大量公司制企业的诞生,职工代表大会在企业中的地位逐步被淡化、冷落,有些企业甚至将其“拒之门外”。修订相关法律,完善职工代表大会制度,使其尽快融入到现代企业制度中的呼声,也日渐高涨。随着2008年1月1日《劳动合同法》的正式实施,一些企业借“置换”、“买断”等手法大规模裁减员工规避法律的事件愈演愈烈。各地劳动部门纷纷表示:企业成规模裁减人员的,裁员方案必须经企业职工代表大会讨论。职工代表大会这一被“遗忘”的企业民主管理制度得以从幕后走向前台。本刊旨在通过对我国职工代表大会(以下简称“职代会”)制度现状和职代会制度的完善废止之争的详尽调查,来探寻适合我国国情的企业民主管理制度。
As the most democratic management system for workers with Chinese characteristics, since the 1950s, the Workers’ Congress has ensured that employees enjoy the rights to participate in enterprise management according to law, safeguard the legitimate rights and interests of employees, mobilize the enthusiasm of employees, and promote the deepening reform of state-owned enterprises. It has contributed to the establishment of a modern enterprise system. In recent years, with the establishment of the socialist market economy, especially the birth of a large number of company-owned enterprises, the position of the employees’ representative assembly in the enterprise has gradually been diluted and neglected, and some companies have even rejected them. The call for amendments to relevant laws and the improvement of the system of workers’ congresses to be integrated into the modern enterprise system as quickly as possible is also growing. With the formal implementation of the “Labor Contract Law” on January 1, 2008, some enterprises have increasingly intensified their efforts to reduce employees’ evasion of the law by means of “replacement” and “buyout”. Local labor departments have stated that: if an enterprise scales down its personnel, the layoff plan must be discussed by the company’s employee representative assembly. The Employee Representative Congress’s “forgotten” corporate democratic management system has moved from behind the scenes to the front desk. The Journal aims to explore a democratic management system that suits China’s national conditions through a thorough investigation of the status quo of China’s Workers’ Congress (hereinafter referred to as the “Conference of Representatives”) and the controversy over the perfection and abolition of the Staff Representative Committee system.