The tripartite consultation mechanism of labor relations, also known as the tripartite principle of labor relations. According to the International Labour Organization's Convention on Promoting Tripartite Consultation on International Labor Standards 1976 144, the tripartite mechanism refers to all exchanges and activities between the government (usually represented by the labor department), employers and workers in formulating and implementing economic and social policies. That is to say, the government, employers' organizations and trade unions will deal with issues involved in labor relations through certain organizational structures and operational mechanisms, such as labor legislation, formulation of economic and social policies, employment and working conditions, wage levels, labor standards, vocational training, social security, occupational safety and health, handling labor disputes, and controlling and preventing industrial behavior. The mechanism or means of tripartite mechanism to negotiate labor relations is a common practice in market economy countries and is an "imported product". We need to learn from it and learn from it when we engage in market economy. Under the condition of planned economy, the interests of workers and the state are integrated, and labor relations are mainly adjusted by administrative means. With the deepening of reform and opening up and the gradual establishment of the socialist market economic system, the interests of the state, enterprises and employees have become increasingly clear, and the labor relations of enterprises have undergone profound changes. In this new situation, relying on a single administrative means to adjust labor relations is obviously incompatible with the changes in the market economy. Coordinating labor relations is not only a matter for labor and social security departments, but also an inevitable choice to protect stable and harmonious labor relations and social stability under the conditions of market economy. 1990, China ratified the Tripartite Consultation Convention on Promoting the Implementation of International Labour Standards adopted by the International Labour Organization. Article 34 of the newly revised Trade Union Law 200 1 10 27 stipulates the tripartite mechanism, namely: "The labor administrative departments of people's governments at all levels shall establish a tripartite consultation mechanism for labor relations with trade unions and enterprise representatives at the same level to jointly study and solve major problems in labor relations." This is the main legal basis for the implementation of the tripartite consultation system in China at present. August 200 1. The Ministry of Labor and Social Security, the All-China Federation of Trade Unions and china enterprise confederation jointly announced that the state will fully launch the tripartite consultation mechanism of labor relations (state, enterprises and employees) to solve various problems existing in labor relations through consultation. At present, the tripartite mechanism between provinces and cities has been basically established. The tripartite mechanism is gradually extending to the county (city, district) and industry level, and a multi-level social tripartite coordination mechanism will be established throughout the country. The tripartite mechanism, together with the labor contract system and the collective contract system, constitutes a mechanism for stabilizing, coordinating and standardizing labor relations.
Second, the composition of the tripartite mechanism.
The tripartite mechanism should be composed of three parties, namely, the labor administrative department representing the government, the local Federation of trade unions representing employees and the enterprise representative organizations representing employers (enterprise federations, entrepreneurs associations, chambers of commerce, etc.). ). The tripartite consultation mechanism is actually a mechanism of equal dialogue. The functions of government, enterprise organizations and trade union organizations are irreplaceable, with their own emphasis and independence, and they have no affiliation with each other, effectively representing the interests of grassroots organizations and members.
1. government representative. The trade union law clearly stipulates that the labor administrative department of the government is the representative of the government. China's government representative to the International Labour Conference has always been the labour administrative department. Thus, the government representative in the Theory of Three Represents of labor relations should be the labor administrative department of the government.
2. Representatives of enterprise organizations. During the planned economy period, enterprise federations (entrepreneurs' associations) were established all over the country, which should be said to represent state-owned enterprises. With the rapid development of newly-built enterprises, the forms of enterprise ownership are diversified, and the forms of enterprise organization are also diversified. Private chambers of commerce, self-employed associations, young entrepreneurs' associations and women entrepreneurs' associations have emerged one after another. As representatives of enterprises, everyone can become a party to the tripartite consultation mechanism. At present, at the central level, china enterprise confederation is still the representative of enterprises.
3. Staff representatives. Because the tripartite mechanism is an important issue in negotiating labor relations, it is beyond the scope of specific enterprises. Therefore, in the tripartite mechanism, workers are represented by the Federation of Trade Unions at all levels.
Third, the problems to be solved by the tripartite mechanism.
According to the provisions of the Trade Union Law and this Law, the tripartite mechanism solves major problems in labor relations. Such as labor employment, labor remuneration, social insurance, vocational training, labor disputes, labor safety and health, working hours and holidays, collective contracts and labor contracts.
Fourthly, the significance of establishing tripartite mechanism.
The establishment and perfection of the socialist market economic system put forward objective requirements for the adjustment of labor relations. Therefore, from the implementation of the labor contract system to the collective negotiation and signing of collective contracts by enterprises, these legal systems that meet the requirements of the market economy are all aimed at better adjusting the labor relations of enterprises, promoting the stability of the workforce and the harmony of labor relations, and ensuring the healthy and sustainable development of economic construction. At present, there are many new problems in China's labor relations, such as great employment pressure, tense labor relations, increased group emergencies, employers' arrears in deducting workers' wages, failure to pay social security funds for workers on time and in full, arbitrary extension of working hours, illegal collection of workers' deposits, etc. To coordinate labor relations, on the one hand, we should rely on the implementation of the labor contract system, and implement the collective negotiation system and the collective contract system. However, it is not enough to implement the system of collective consultation and collective contract only within the scope of enterprises. From the requirements of coordinating the socialized development of the whole labor relations, it is necessary to establish a tripartite mechanism that can promote the coordinated and stable development of labor relations. The tripartite consultation mechanism is used to reflect the coordination of labor relations at a higher level, promote the relative consistency of interests of all parties, and realize the common interests and goals of the three parties. The establishment of tripartite consultation mechanism will not only replace and weaken the dominant position of both sides of enterprise labor relations in signing collective contracts through consultation, but also will not undermine the coordination mechanism of labor relations established by enterprises. On the contrary, when the tripartite consultation mechanism plays its role, it will actively guide both parties to better realize their collective contracts and agreements, and will guide and help both parties to better achieve their goals through the coordination mechanism. In this sense, it is an inevitable requirement for the development of socialism in China to establish a tripartite consultation mechanism of labor relations with China characteristics.