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近年来矿难频发,工会组织却没能很好地履行法律赋予的监督权,其原因主要是因为我国现有立法对工会的组建程序、会员身份、干部选任和领导体制、经费来源等方面规定存在不足,致使煤矿企业工会要么没有组建、要么受到企业的控制,难以真正对煤矿企业的安全生产状况进行监督;再者,由于立法没有确认工会的罢工权,使工会维权缺少具有威慑力的手段从而力不从心。因此,我国应该通过修改立法,明确工人自发组织工会的程序,限制企业高管加入工会,推行工会主席竞选机制和罢免机制,改企业工会受本企业党组织领导为直接受上级党组织领导,废止企业对工会的拨款制度,建立以会员缴纳会费为主要经费来源的工会经济体制。在实行上述保障工会独立的一系列措施的同时,确认工会享有罢工权。
In recent years, frequent mining accidents and unions have not been able to properly perform the supervisory power given by law. The reasons for this are mainly due to the existing legislation on the establishment procedures, membership status, cadre selection and leadership system, sources of funding, etc. The coal mine enterprise unions are either not formed or under the control of the enterprises and it is difficult to supervise the safe production conditions of the coal mine enterprises. Furthermore, since the legislation does not confirm the right to strike of trade unions, the safeguard of the trade unions lacks the means of deterrence Thus unable to do anything. Therefore, our country should amend the legislation to make it clear that workers voluntarily organized the process of unionization, restricted the participation of senior executives in trade unions, promoted the election mechanism and removal mechanism of trade union presidents, and changed the trade union to be led directly by the party organizations of higher enterprises and led directly by the superior party organizations. The system of appropriation of funds by the enterprises to the trade unions establishes an economic system of trade unions in which members pay membership dues as the main source of funding. While implementing the above-mentioned series of measures to safeguard the independence of trade unions, it has been confirmed that trade unions enjoy the right to strike.