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劳资利益的公平分配需要劳资双方相互制衡。劳动力的不可独立性、不可存储性、个体弱势性等特征,使其在与资方谈判中存在先天的弱势性,需要国家给予倾斜性制度保障。但当前我国存在现有制度难以保障劳动者生存需求的矛盾、劳方与资方抗衡的组织需求矛盾、集体谈判制衡性权利缺失矛盾等法律困境。因此,我国需要从劳方生存保障制度之补足、保障劳动者组织的独立性、赋予劳动者组织的制衡性权利等方面给劳方提供倾斜性制度保护,方能实现企业利益中劳资利益分配的实质公平。
The equitable distribution of benefits of employers and employees requires checks and balances between employers and employees. The independency of the labor force, the non-storage, the individual weakness and other characteristics make it inherently disadvantaged in negotiation with the employers and need the state to give lean protection. However, at present, there are existing legal difficulties such as the contradiction between the existing system in which the existing system is difficult to guarantee the survival needs of the workers, the contradiction between the organizations demanding the labor and the employers’ capital, and the contradiction between the absence of balance-of-rights in collective bargaining. Therefore, our country needs to provide the workers with inclined system protection in order to supplement the labor subsistence guarantee system, safeguard the independence of the workers ’organizations and give workers the right to check and balance, so as to realize the substantive fairness in the distribution of labor and capital interests in the enterprises’ interests .