工会角色定位法律问题探讨--兼评我国现行工会法

我国工会法对工会的本质属性已作了概括,但是现代企业三权中对劳权的漠视、劳资关系的恶化构成了修改《工会法》的现实动因.工会法的修改过程是人们对市场经济下劳动关系及劳动者权益保护的思索过程.工会在政府、企业面前处于弱势地位,而工会角色的市场化转变要求强化其法律地位,完善其职能,使工会真正成为职工的维权者.

Discussion on Legal Problems of Definition of Trade Union's Role

Trade Union Law of PRC has generalized the nature of trade union. However, in the three rights in modern enterprises, the labor rights are always neglected. The worsen labor relations became the cause of revising the Trade Union Law. The process of revising is also the process of re-thinking of labor relations and labor rights protection in market economy. Compared with govern- ment and employers, trade union is at an inferior position. According to the market-oriented transition of definition of trade union, trade union should perfect its functions and become the real protector of workers and staff.