劳动争议处理之我见

近年来,我国的劳动争议案件逐年增多,且呈现复杂化、群体化、涉外化等趋势.我国政府为了实现社会公正,走上了通过扩大劳动者个人的权利来解决劳动争议的路子,致使劳动者、企业单位、工会、行政权力以及法院在处理劳动争议过程中的职能、地位发生扭曲.所以必须关注并完善劳资双方的信用关系、工会的职能与地位、行政权力在劳动争议处理中的地位和权威、法院最后的司法救济,从深层次解决原来的处理体制"用其所短"的弊端,实现劳资关系的和谐.     

“We feel that our strength is on the factory floor”: Dualism,shop-floor power,and labor law reform in late apartheid South Africa

ABSTRACT

This article explores the transformation of South African labor relations during the 1980s. In 1979, prompted by new shop-floor militancy, the Wiehahn Commission recommended that black workers, previously excluded from state labor machinery, be permitted to join recognized trade unions. Most discussions of this shift in apartheid labor relations focus on the ensuing debate within the black unions, torn between preserving their independence or securing state legitimation. This article looks instead at the related debate about ‘levels of bargaining’: should emergent black unions demand to negotiate at the factory level, where they had secured shop-floor strength through organizing and democratic practice, or pursue the benefits of the corporatist bargaining structures that had long excluded them and had privileged white workers? The eventual drift towards corporatism, I argue, imprinted the character of the South African labor movement into the post-apartheid era. An understandable desire to wield influence at the level of the national political economy eroded the tradition of workers’ control, shop floor democracy, and struggle unionism that black unions had forged during the 1970s and 1980s.     

Labor radicalism and the local politics of Chinese exclusion: Mayor Jacob Weisbach and the Tacoma Chinese expulsion of 1885

ABSTRACT

The 1885 Chinese expulsion from Tacoma, Washington Territory highlights the importance of local political economy in shaping how a wider anti-Chinese movement played out in a particular community. Tacoma was a newly emerging city where white residents felt the threat of corporate domination in the form of the Northern Pacific Railroad. In this context, the city’s German immigrant mayor, Jacob Weisbach, could draw upon his longstanding labor radicalism to mobilize a broad anti-Chinese coalition that blurred the divide between white workers and the local business class. The result was the forceful removal of Chinese residents following a year-long campaign that culminated in mob action and became known as the ‘Tacoma Method’. This local violence in turn fed into ongoing national efforts to secure Chinese exclusion. Tacoma’s Chinese expulsion illustrates how radical labor traditions could be turned, under particular conditions, to the politics of racial repression even as the proponents of expulsion framed their efforts in terms of an egalitarian and democratic agenda. The participation of the Knights of Labor and other labor radicals in a politics exemplified by the Tacoma Method was accordingly tied to the larger racialized American state-building project as it unfolded in the late 19th Century.     

Wisconsin Institutionalism: John R. Commons and His Students

This paper seeks to provide a close examination of the nature and history of the institutional economics that developed at the University of Wisconsin. There has been a significant amount of work done on the thinking of John R. Commons, but much less on the history of Wisconsin institutionalism more generally. The paper proceeds through an examination of the development of the Department of Economics at Wisconsin from the time of the hiring of Richard T. Ely in 1892; the faculty hired to the Department from the early 1900s through to Commons's retirement in 1933; the program of instruction offered, particularly in the late 1920s when the full complement of institutionalist faculty were present; and the areas of study and later careers of Commons's graduate students. It is argued that although Ely played a role in the development of Wisconsin institutionalism, it was Commons who became the center of graduate student work, and that the Department only took on its decidedly institutionalist character after the hiring of Commons and a number of his students as faculty. The program of study in the late 1920s was very heavily institutionalist in character with Commons providing a core course on value and valuation, and a notable emphasis in the fields of public utilities, labor economics, and statistics. Very little instruction was provided in neoclassical theory. Many of Commons's students went on to notable careers in the academic world or public service or both. Wisconsin students were heavily involved in labor legislation issues, and in the development and administration of social security. But a number of Commons's students went into academic careers, and many produced large numbers of PhD students themselves. The decline of Wisconsin-style institutionalism after World War II was not, as has been suggested, a result of Commons's students moving largely into non-academic careers, but of many other factors, including the rise of Keynesian economics, and the migration of what had been much of Wisconsin institutionalism into new schools of industrial relations.     

Dismissal of strikers and industrial disputes: the 1985–1987 strike and mass sackings at Silentnight

The 1985–1987 dispute at Silentnight bed factories in the north of England was an exceptionally long and bitter strike, lasting for 20 months from June 1985 until February 1987. A total of 346 workers were sacked for taking part in the strike, which gained a high profile with remarkable levels of support and solidarity action, largely due to its emblematic status as an extreme example of punitive treatment of workers taking industrial action in the period immediately following the defeat of the miners in 1984/1985. Workers took lawful strike action in 1985 over the non-implementation of agreed pay rises and compulsory redundancies counter to an existing agreement between the firm and the union, with the company responding to the dispute with mass dismissals. Pickets were maintained at the two factories in question for nearly two years, with the strikers gaining wide-ranging support from across the labour movement, but the company stood firm against the dismissed strikers who were ultimately defeated. Based on archival research and interviews with participants in the strike, the article analyses in detail how the dispute was sustained for so long, the legal context and the weakness of legal protections for strikers in the period, and the widespread political mobilisation and networks of support and solidarity that arose around the strike and in opposition to the policies of the Conservative government of the day.     

我国企业劳动关系和谐指数评价指标之研究

从理论上讲,政府、企业和员工处于互信互利、相互配合、相互包容、共同发展的一种状态是劳动关系追求的和谐状态,这种和谐状态不是一种表面的感知,而是可以通过劳动关系和谐指数的主客观指标值来把它显现出来。劳动关系和谐指数评价体系从员工、企业、政府三个角度入手,对员工满意程度、企业法律法规的执行情况、政府目标任务的完成情况进行综合评价。构建理性的、科学的劳动关系和谐指数评价体系,对于我国构建和谐劳动关系、缓解劳资纠纷和用工紧张具有重要意义。     

Socio-economic determinants of the family history of pulmonary tuberculosis patients in Pakistan

This article aims to assess the role of important socio-economic factors in the family history of tuberculosis patients in Pakistan. Data were collected from 269 patients, and a logistic regression was used to determine the association between risk factors and the vicious circle of TB. Results of the logistic model show that significant risk factors associated with TB history in patients were education, household size, house structure, rooms in the home, room ventilation, monthly income, income food sufficiency, smoking, diabetes, and heart disease. The current TB control programme needs to formulate strategies to target specific risk factors and poverty reduction simultaneously to break the vicious circle of tuberculosis.     

Reproductive health services: “Business-in-a-Box” as a model social innovation

Access to reproductive health services and products in remote and rural communities is a critical area of concern for developing countries. This article considers a pilot intervention in three districts of Pakistan where “Business-in-a-Box” as a model of place-based social innovation is used to improve the socio-economic conditions of women in remote rural settings through socially responsible micro-franchising. It finds that such programmes help build a sense of community, ownership and grassroots capabilities and skills. The article also discusses the impacts of such actions on the individual and community life, and the need to upscale and sustain these initiatives.     

Facilitating industrial symbiosis programmes in developing countries: reflections from Gauteng,South Africa

This viewpoint reflects on how to improve the process of introducing facilitated industrial symbiosis programmes (FISPs) to small and medium enterprises (SMEs) in developing countries. Although FISPs are a long-established industrial practice, their formal introduction to SMEs in developing countries has only recently begun, mostly through support from international development agencies. Based partly on anecdotal evidence from Gauteng, South Africa, we identify six key questions which need to be addressed to improve the process of facilitating FISPs.     

Remoteness as a gendered construct

This article explores the potential of using children’s perceptions of distance to reflect a gendered understanding of remoteness. Data collected from 1,549 children in Tanzania concerning their perceptions of remoteness in relation to accessibility of school, health care, and water resources were analysed in reference to their impact on school attendance and performance. Gendered variability in perceived distances to services by children may indicate that remoteness is as much of a social issue as it is a geographic phenomenon, in that girls perceive distance and time between home and destination to be further than boys who travel approximately the same distance.