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随着国有企业改革的深入,改制企业日益增多,呈现出利益关系的多元化、劳动关系的复杂化、分配方式的多样化的格局,给改制企业工会维权工作带来前所未有的困难和挑战。在构建和谐社会的大背景下,维护员工权益,关系到企业稳定与和谐发展。党和政府希望工会组织在维护员工权益方面发挥好桥梁纽带作用,改制企业员工更迫切要求工会组织能更好地维护他们的合法权益,工会组织需顺应形势变化,强化维权职能。改制企业产权制度改革实施过程中,受政策法律现阶段不能完全到位的制约,极易出现不规范的行为,加上往往遗留一些历史问题,投资者、经营者和劳动者之间存在利益冲突。而改制企业员工往往是弱势群体,侵害员工权益的现象难免会发生。在改制企业权利高度集中、经营高度自治的情况下,依靠上级工会行政干预调整各方利益的办法都难以奏效,使得基层工会维权任务更为艰巨。
With the deepening of the reform of state-owned enterprises, there are more and more enterprises under restructuring, showing the diversification of the relations of interest, the complicated labor relations and the diversified distribution pattern, posing unprecedented difficulties and challenges to the trade unions’ rights protection. In the background of building a harmonious society, safeguarding the rights and interests of employees has a bearing on the stability and harmonious development of enterprises. The party and the government hope that trade union organizations will play a bridging role in safeguarding the rights and interests of employees. Employee restructuring is even more pressing for trade union organizations to better safeguard their legitimate rights and interests. The trade union organizations must comply with changes in the situation and enhance their functions. In the course of carrying out the reform of the property rights system of the reformed enterprises, due to the restriction that the policies and laws can not be completely put in place at present, it is easy for the irregularities to appear. In addition, some historical problems often remain, and there are conflicts of interest between investors, managers and workers. The restructuring of corporate employees are often disadvantaged groups, infringement of the rights and interests of employees inevitably occur. Under the situation of high concentration of the rights of the restructuring enterprises and the high degree of autonomy in operation, it is very difficult to rely on the administrative intervention of the higher-level trade unions to adjust the interests of all parties, making the task of safeguarding the rights of the grassroots trade unions even more arduous.