中国积极发挥集体协商和集体合同制度的作用。《中华人民共和国劳动法》和《中华人民共和国劳动合同法》相继对集体合同制度作出了规定。鼓励企业积极开展集体协商,签订集体合同。逐步形成以企业集体协商为主体、以区域性和行业性集体协商为补充的集体合同制度框架。近年来,集体合同制度覆盖面不断扩大,实效性逐步增强,初步建立了以工会或职工代表与企业或企业组织平等协商为特征的集体劳动关系调整机制。
为公正、及时解决劳动争议,中国2007年颁布了《中华人民共和国劳动争议调解仲裁法》,明确劳动争议调解和仲裁的范围、程序、组织机构、人员和处理机制。建立由政府部门、工会组织、企业组织共同协调劳动关系的三方机制,强化调解、完善仲裁、加强司法救济,及时妥善处理劳动争议,维护当事人合法权益。颁布实施《劳动保障监察条例》,明确了劳动保障监察的职责、实施、法律责任,为维护劳动者的合法权益提供重要法律保障。
Collective consultation, together with a collective contract system, is being actively implemented in China. The Labor Law of the Peo-ple’s Republic of China and the Labor Contract Law of the People’s Republic of China both prescribe a collective contract system, encour-aging enterprises to adopt collective consultation and to sign collective contracts. The framework of the collective contract system with collec-tive enterprise consultation as the main body, and with regional and trade collective consultation as the supplement, has been gradually formed. In recent years, the coverage of the collective contract system has been continuously enlarged with increasing effectiveness. A col-lective labor relations coordination system characterized by equal consultation between trade union or employee representatives and en-terprise or enterprise organization representatives has been basically established.
For the fair and timely settlement of labor disputes, the Law of the People’s Republic of China on Mediation and Arbitration of Labor Disputes was adopted in 2007, stipulating the scope, procedures, or-ganizations, personnel and mechanism for labor dispute mediation and arbitration. In addition, a tripartite labor relations coordination mecha-nism has been established, comprising government departments, trade unions and enterprises, so as to better mediate and arbitrate labor disputes and give better legal redress for the timely and appropriate settlement of labor disputes and safeguarding the legitimate rights and interests of the relevant parties. The Regulations on Labor Security Supervision have been issued and put into effect, specifying the func-tions, implementation and legal liabilities of labor security supervision, thereby providing significant legal support for safeguarding the legiti-mate rights and interests of employees.
三、履行政府公共管理服务职责
近年来,中国政府积极发挥人力资源公共管理与服务的职能作用,加快职能转变,健全政府责任体系,努力为劳动者的体面劳动和优秀人才的脱颖而出,创造良好的政策环境与社会环境。
实施积极的就业政策
III. The Government Shoulders Human Resources Public Management and Public Service Responsibility
In recent years the Chinese government has played an active role in public management of and public service for human resources, accel-erated the transformation of its functions, and improved the govern-ment accountability system, to create a favorable policy and social environment for workers to work with dignity and for talented people to excel others.
Implementing an active employment policy