How has the relationship between the labor market and enterprises changed now?

With the deepening of China's economic system reform and the development of market economy, the marketization of labor resource allocation has become an irreversible development trend. On the one hand, this trend has created favorable conditions for the development, training, use and rational flow of talents, on the other hand, it has also caused profound changes in the labor relations of enterprises in China, and some new problems have emerged that need to be solved urgently. This paper intends to do some analysis and discussion on these issues.

1. New Changes in the Labor Relations of Enterprises in China under the Condition of Market Economy Labor relations are social contacts between people in the process of social labor on the basis of certain ownership of means of production. It is divided into broad sense and narrow sense: broad sense of labor relations refers to all social relations that occur during people's participation in social labor; In a narrow sense, labor relations refer to various relations between labor owners and users in the process of production and work, such as the labor rights and obligations determined by both parties in terms of production tasks, working conditions, working hours, labor remuneration, insurance and welfare, etc. Labor relations are also a kind of production relations in essence, and they are the embodiment and reflection of social production relations. The rational expression of labor relations is the realization of the balance and equivalence of rights and obligations. Since the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, especially since the 14th National Congress of the Communist Party of China and the Third Plenary Session of the 14th Central Committee proposed to speed up the construction of a socialist market economic system and a modern enterprise system, with the establishment of a basic economic system with public ownership as the main body and the coexistence and common development of various economic components, there have been many new changes and characteristics in the labor relations of enterprises in China at this stage, which are embodied in the following aspects: First, the interests of both parties in labor relations have become increasingly clear: from the state subject to the establishment of the dominant position of enterprises and workers. Under the traditional highly centralized planned economy system, the state directly manages enterprises and is responsible for their own profits and losses. Enterprises have neither economic autonomy nor human autonomy. Enterprise is actually an appendage of the state administrative department, and labor relations are established under the administrative instructions of the government. In terms of labor and employment, the state implements the policy of unified contracting and distribution for enterprises, which has caused the following consequences: enterprises are state-owned enterprises and employees are state employees; Enterprises have no right to use their own labor, and workers have no freedom to choose their jobs. The subject of labor relations is vague, and the state has actually replaced the subject status of both sides of labor relations. In essence, this kind of labor relationship does not reflect the economic interest relationship between enterprises and workers, but more reflects the political relationship between the state and workers. Under this kind of labor relationship, on the one hand, workers must obey the unified policy of the state; On the other hand, as a representative of social interests, the state should try its best to ensure the occupational stability of workers. From the results, this kind of stability is at the cost of distorted labor allocation, decreased enterprise vitality and reduced workers' enthusiasm. Since the reform and opening up, with the establishment and development of the market economy system and the promulgation and implementation of the Enterprise Law and the Labor Law, the labor relations of Chinese enterprises have also undergone corresponding changes. The dominant position of the state in labor relations has weakened, and enterprises and workers have become relatively independent interest subjects. Enterprises enjoy the autonomy of employing people, and workers can freely choose their occupations. The establishment of labor relations is realized through market exchange. The marketization of labor resources allocation makes the main position of enterprises and workers in labor relations increasingly clear. Second, labor relations are increasingly diversified: from natural simplification to diversification. Under the condition of single ownership structure and planned economy, labor relations can only be unitary because the state has replaced the main position of both sides of labor relations. With the establishment of China's market economy system and the development of ownership forms with public ownership as the main body and various economic components coexisting, the old system of labor relations between state-owned and collective enterprises has been gradually broken. On the basis of state-owned enterprises and collective enterprises as the main bodies, economic organizations such as Sino-foreign joint ventures, Sino-foreign cooperation, wholly foreign-owned, township enterprises, private enterprises, individual enterprises and enterprise groups composed of different ownership systems have emerged. The nature of ownership of enterprises is different, so is the nature of labor relations. In state-owned enterprises and collective enterprises, workers are not only the owners of means of production, but also the owners of enterprises. There is no relationship between exploitation and exploitation among the subjects of labor relations, but the relationship between * * * and interests established on the premise of consistent fundamental interests. In private and foreign-funded enterprises, because the means of production are owned by individuals or foreign businessmen, the labor relationship between enterprises and employees is employment relationship. In Sino-foreign joint ventures, cooperative enterprises and joint-stock enterprises, the labor relations between enterprises and employees are of a dual or multiple nature. Due to the diversity of enterprise ownership structure, the labor relations of Chinese enterprises at this stage are also characterized by diversity and complexity. Third, labor relations are becoming more and more contractual: the government decided to sign contracts with enterprises and laborers, and the contracts changed. Under the planned economy system, the establishment of labor relations between enterprises and workers is directly realized by the state through administrative means, and the wage distribution, labor insurance and welfare benefits of workers are all managed by the state. Even what position a laborer can work in an enterprise is the state's decision, and the enterprise has actually become an administrative subordinate institution of the state. With the development of market economy and the deepening of enterprise reform, the establishment of labor relations has introduced the form of labor contract system. Defining the responsibilities, rights and obligations of both parties in labor relations in the form of labor contracts is an outstanding change in enterprise labor relations at this stage in China. This shows that under the condition of market economy, labor relations are indeed developing in the direction of equality, voluntariness, consensus and standardization. Fourth, labor relations are becoming more and more unstable: workers have changed from relying on state employment to freely choosing occupations. Under the planned economy system, because the state takes "unified distribution" as the leading factor in enterprise employment and "unified contracting" as the takeover factor, the employment of workers can only be achieved by the planned recruitment indicators issued by the state, and the labor relations are relatively stable. With the development of China's market economy and the deepening of the reform of labor and employment system, with the establishment of enterprise's autonomy in employing people and workers' autonomy in choosing jobs, enterprises pay more and more attention to improving labor productivity and economic benefits, pursue the best combination of labor force and maximize profits, and strive to reduce labor costs and improve labor efficiency; In order to pursue harmonious interpersonal relationship and relaxed working environment, get the maximum labor remuneration, get better working conditions and more leisure time, and fully realize their own value, workers are constantly changing their jobs and work units. The old concept of "attaching importance to the whole people, ignoring the collective and unwilling to be an individual" is fading day by day, and leaving a job without pay, resigning, taking a part-time job and engaging in a second job have become common phenomena in daily life. Enterprise legal persons and other managers are also in the process of competitive change because of the tenure system or appointment system. The dynamic development of labor relations has broken through the shackles of the old system in which labor and employment are uniformly distributed by the state, changed the previous situation of lifelong distribution, and realized the new allocation of labor resources, which is conducive to mobilizing the enthusiasm of enterprises and workers, but it also makes the development of labor relations in Chinese enterprises show an unstable trend at this stage, which has triggered a series of new problems worthy of attention. Second, the problems and reasons of labor relations in China enterprises under the market economy. Market economy is an economy that allocates resources on the basis of market. In the process of the transformation of China's economic operation mechanism from planned economy to market economy, due to the contradiction and collision between the old and new mechanisms, there are also some new problems that can not be ignored in China's current enterprise labor relations, mainly in the following aspects: First, the establishment, change and termination of labor relations are very arbitrary. Since the promulgation of the Law on Industrial Enterprises Owned by the Whole People and the Regulations on Changing the Operating Mechanism of Industrial Enterprises Owned by the Whole People, in order to speed up the reform of the employment system in Chinese enterprises, enterprises have generally implemented the labor contract system. This reform provides a guarantee for protecting the legitimate rights and interests of enterprises and employees. However, due to the underdeveloped labor market in China, the new labor relations supervision, coordination and restriction mechanism has not yet been established, and the traditional labor employment mechanism is still playing a role, which leads to many difficulties and obstacles for enterprises to implement the full-time labor contract system. Although many enterprises have signed labor contracts with employees, due to lack of certification or non-standardization, they have not given full play to their due legal effect, and the autonomy of employing people has not really been fully implemented. This is one aspect of the problem. On the other hand, many enterprises, including state-owned enterprises and non-state-owned enterprises, or because of imperfect laws and regulations, or because of weak law enforcement supervision, have not acted in accordance with labor contracts, and have introduced many "land policies" that are detrimental to the legitimate rights and interests of employees. Especially in the labor relations between private enterprises and some joint ventures and foreign-funded enterprises, there are widespread problems of unclear rights and obligations and inequality. Many enterprises have no procedures for employment, and rarely use contracts or written contracts to determine their respective rights and obligations. The terms of labor contracts signed by some enterprises are all decided by enterprises, and there are obvious illegal contents and unreasonable agreements in the contracts; Although some enterprises have signed labor contracts with employees, the content is simple and the conditions are not equal; There are also some enterprises that ignore the relevant provisions of the labor law, terminate labor contracts at will, dismiss or dismiss employees at will, and infringe on the legitimate rights and interests of employees. In terms of employees, some employees ignore the contract and are good at "job hopping" to find another job. Due to irregular contract signing, lax contract management, incomplete contract execution and careless contract termination, the establishment, change and termination of enterprise labor relations are very arbitrary. Second, the friction of interests in labor relations is increasing. Market economy calls for the subjective consciousness of enterprises and workers, but it is also easy to make the subjects of both sides of labor relations focus on their own interests and cause conflicts of interests. In the case of oversupply of labor resources in China, the friction between the main interests of both sides of labor relations mostly occurs in the infringement of employees' legitimate rights and interests by enterprises, which is manifested as follows: First, some enterprises unilaterally pursue economic benefits, ignore the relevant provisions of labor law and enterprise safety production, ignore employees' physical and mental health, extend working hours at will, and force employees to work overtime. In a few foreign-funded enterprises and private enterprises, employees work as long as 12 hours a day, sometimes even more. The lack of necessary safety protection measures in enterprise production has led to an increase in industrial accidents.

Second, the managers of some enterprises treat employees as employees rather than masters, make rules and regulations at will, and deduct employees' wages at will, resulting in the opposition between enterprise managers and workers. Third, some enterprises have poor working conditions, high labor intensity, low welfare benefits and poor living service facilities. In addition, medical care, old-age insurance and housing distribution are not guaranteed, which greatly affects the life and health of employees. The contradictions and frictions in the above-mentioned labor relations have seriously dampened the production enthusiasm of the workers and masses and become a factor inducing social instability. Third, the labor relations mechanism is not perfect, and labor dispute cases are on the rise. The mechanism of labor relations is a complex system, including labor legislation, labor supervision, labor arbitration, labor coordination and collective bargaining. The harmonious development of labor relations must be coordinated and standardized through a sound labor relations mechanism. However, due to the imperfect history, reality and legal system, the coordination, supervision and restriction mechanism of labor relations in enterprises in China is not perfect at this stage. In real life, there is still a lack of strong supervision and restriction on the illegal behaviors of some enterprises, and labor disputes and labor disputes are increasing day by day. Its specific manifestations are as follows: First, some enterprises do not proceed from the needs of production and operation, engage in internal recruitment, fake recruitment and empty recruitment, and raise recruitment funds under various excuses, causing economic losses to employees. Second, some enterprise leaders and managers abuse their powers and engage in nepotism. In the name of implementing the labor contract system and optimizing the enterprise portfolio, we will "optimize" employees or cadres who have different opinions from ourselves as the reform targets. Third, the managers of some enterprises have undemocratic work style, do not respect the opinions of employees, do not deal with problems according to law, infringe on the statutory or agreed rights of workers, and cause conflicts of interest between the two sides of labor relations, and labor disputes are increasing day by day. There are many reasons for the above problems, but mainly in the following three aspects: First, the legal system of labor relations is not perfect. In recent years, China has successively formulated and promulgated a series of laws, regulations and rules on labor relations, which have played a powerful role in protecting the legitimate rights and interests of enterprises and workers. However, with the development of market economy, the change of enterprise labor relations and the increase of interest conflicts, the construction of China's labor relations legal system still can't adapt to the development and change of labor relations, and there are still cases where there are laws to follow and laws not to follow. Due to the imperfect legal system of labor relations, there is a lack of legal basis and necessary legal protection when dealing with disputes and disputes in labor relations. This situation has also brought great difficulties and resistance to China's judicial supervision and labor supervision. Second, the monitoring and coordination mechanism of labor relations is not perfect. At present, the problems existing in the labor relations of Chinese enterprises are that the labor legal system is not perfect, and more importantly, a perfect supervision and coordination mechanism of labor relations has not been established from a macro perspective. Its manifestations are as follows: First, the labor inspection institutions that supervise the implementation of labor laws and regulations are not perfect. In some places, the competent labor authorities have not set up such institutions, the labor inspection work has not been carried out in an all-round way, and the necessary means of law enforcement and supervision are still lacking. Second, the working mechanism for coordinating the interests of enterprises and employees is not sound enough. In state-owned and collective enterprises, trade unions are few and weak, and lack the necessary mechanism to supervise and restrict enterprises to act according to law. In fact, trade unions are in a helpless position in harming the legitimate rights and interests of employees. In a few private and foreign-funded enterprises that have not established trade unions, the legitimate rights and interests of employees are not guaranteed or even trampled on. Third, the collective bargaining system has not been fully established. The existence of these situations is an important reason for labor disputes and disputes in the labor relations of enterprises in China. Third, the ideological and political work of enterprises and the education of democracy and legal system lag behind. Economic work needs strong ideological and political work to promote, and the establishment of market economy needs sound laws to regulate and guarantee. The development of market economy requires people's ideas to change, and managers and employees of enterprises must strive to improve their knowledge and skills and enhance their concepts of democracy and the rule of law. However, in the practice of deepening enterprise reform, some enterprises only pay attention to educating employees to establish commodity economy consciousness and develop economy, ignoring the possible side effects of market economy on employees' values, weakening ideological and political work, causing decadent ideas such as individualism, hedonism and money worship to breed and spread among employees, seriously distorting individual employees' world outlook, outlook on life and values. Due to the decline of ideological and political work, the softening of spiritual civilization and the weak concept of democracy and legal system, the managers of some enterprises wholeheartedly rely on the weakening of the working class's ideology, and the methods to deal with problems are simple and rude; Due to the ineffective development of ideological and political work, the collective consciousness of some enterprise employees has weakened, and the phenomenon of disorganization and discipline is serious. The existence of these situations is also an important reason for the contradiction and conflict between managers and workers in enterprises, resulting in tense labor relations.

Iii. Countermeasures to Solve the Problems in the Labor Relations of Chinese Enterprises In order to establish a harmonious and stable new socialist labor relationship and create a good social environment for China's reform and development of the socialist market economy, the following countermeasures and measures should be taken to solve the problems existing in the current labor relations of Chinese enterprises. First, further improve and perfect the legal system of labor relations, and bring the development of labor relations into the track of legalization and standardization. At present, the problems existing in the labor relations of Chinese enterprises are largely caused by the imperfect labor legislation. To solve these problems, on the one hand, we should vigorously publicize and effectively implement the provisions of the Labor Law and existing relevant labor laws, regulations and rules, and improve the legal awareness, legal concept and awareness of handling affairs according to law of both parties to labor relations; On the other hand, in order to adapt to the development of market economy and the changes of labor relations, we must speed up the formulation of separate labor laws and regulations, such as labor employment security law, labor contract law, safety production law, minimum wage law, labor protection law, social insurance law and labor dispute settlement law, establish and improve the legal system of labor relations with China characteristics, and regulate the behaviors and interests of both parties in labor relations by law. The second is to strengthen labor supervision and gradually establish and improve the judicial mediation and arbitration system for handling labor disputes. In order to supervise whether employers and workers abide by national labor laws and regulations, standardize the behaviors of both parties in labor relations, safeguard the legitimate rights and interests of enterprises and workers, and promote the development of labor relations in new enterprises, we need to do a good job in three aspects: First, we need to strengthen the functions of labor inspection departments, increase labor supervision, correct the behavioral deviation of labor relations subjects by legal means, prevent labor disputes, and reduce emergencies. Maintain social stability, at the same time, the labor inspection department should seriously investigate and deal with serious violations of labor laws and regulations, and effectively protect the legitimate rights and interests of both parties to labor relations. Second, establish and improve the labor dispute mediation and arbitration mechanism. Enterprises should establish a labor dispute mediation committee, give full play to its role as the "first line of defense" in preventing and handling labor disputes, and nip contradictions in the bud; It is necessary to further improve the system of arbitrators and arbitration tribunals, standardize the procedures for handling labor disputes, and improve the quality and efficiency of handling cases. The third is to improve the organizational network of grassroots mediation, labor department arbitration and people's court ruling, and form a joint force to deal with labor disputes, so that contradictions in labor relations can be resolved fairly and timely according to law. Third, further improve the labor contract system to avoid invalid contracts, illegal contracts and contracts with incomplete terms. The labor contract system is the basic form of determining and adjusting labor relations under the condition of market economy. The conclusion of a labor contract is the legal basis for establishing labor relations. Once a labor contract is concluded, both parties to the labor relationship must perform it, and the violation of the contract must bear the legal consequences arising therefrom. At present, the occurrence of labor disputes is mostly caused by non-performance of contracts or unequal contract conditions. In order to solve these problems and avoid or reduce the occurrence of labor disputes, we must further establish, popularize and improve the labor contract system and establish the labor contract verification system. In the process of certification, the contents, forms and terms of contracts should be reviewed and checked, illegal and invalid contracts should be corrected in time, and the legitimate rights and interests of enterprises and workers should be protected from infringement. Fourth, accelerate the construction of the socialist market economic system and vigorously cultivate and develop the labor market. At present, the problems existing in the labor relations of Chinese enterprises are not only related to the lack of economic development and employment, but also related to the transformation of the old and new economic operation mechanisms. To solve these problems, on the one hand, we must further deepen and comprehensively promote reform, speed up the construction of socialist market economic system, speed up the transformation of enterprise management mechanism, effectively change government functions, vigorously develop the economy, and expand and increase employment channels with the development of production; On the other hand, it is necessary to further improve the labor market and talent market, and gradually establish a labor employment service system, a social insurance system and a labor relations coordination system with occupation introduction, employment training, unemployment insurance and self-help in production as the main contents, so as to promote the development of the labor market and create favorable conditions for new socialist enterprises to establish harmonious and stable labor relations. Fifth, strengthen the construction of trade union organizations, implement the system of collective consultation and negotiation, and gradually establish the self-restraint and self-adjustment mechanism of labor relations subjects. At present, the problems in the labor relations of enterprises in China occur not only in the process of market exchange, but also in a large number of enterprises. To solve these problems, we must not only rely on legal adjustment and arbitration, but also establish a scientific and reasonable coordination mechanism of labor relations at the micro level. Establish and implement a consultation system between trade unions on behalf of employees and business operators, and give full play to the important role of trade unions in coordinating internal relations of enterprises, handling labor disputes, and safeguarding the legitimate rights and interests of employees. Through the implementation of the collective bargaining system, it can promote the establishment and perfection of trade union organizations in private enterprises and joint ventures, promote the functional transformation of trade unions to meet the requirements of market economy, promote the establishment of the independent status of state-owned enterprises and the reasonable adjustment of internal labor relations, so as to make the labor relations of enterprises in China develop healthily in a coordinated and stable direction.