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劳动合同和工会是维护劳动者权益和协调劳动关系的重要机制,但其实际效果却存在很大的争论。本文通过对中国综合社会调查(CGSS2008)数据的分析,发现劳动合同在保护员工合法权益和促进劳动标准的实施方面发挥了重要作用;劳动合同员工享受法定社会保障的概率显著高于非劳动合同员工,且经常性加班、违反劳动法律规定的非法延时工作的概率显著低于非劳动合同员工;尽管工会在促使企业遵守劳动法规如提高劳动合同签订率和法定失业保险覆盖率等方面发挥了一定作用,但工会无法为员工增加工资和额外福利,甚至不能维护劳动者的某些合法权益。以个体劳权为核心的劳动关系调整机制无法满足广大劳动者日益增加的法外权益的诉求,从而逐渐暴露出劳动合同制度的局限性。改革工会制度、发展和完善集体劳动关系已是势在必行。
Labor contracts and trade unions are important mechanisms for safeguarding the rights and interests of laborers and coordinating labor relations. However, their actual effects have been greatly debated. Through the analysis of the data of China General Social Survey (CGSS2008), this paper finds that labor contracts play an important role in protecting the legitimate rights and interests of employees and promoting the implementation of labor standards. The labor contract employees have significantly higher statutory social security benefits than non-labor contract employees , And regular overtime, the probability of violating the provisions of labor laws illegal delay work was significantly lower than the non-labor contract staff; although the union to promote compliance with labor laws and regulations, such as improving the labor contract signing rate and the statutory unemployment insurance coverage has played a certain However, unions can not raise salaries and fringe benefits for their employees, or even defend their legitimate rights and interests. The labor relations adjustment mechanism with individual labor rights as its core can not meet the increasing demands of extra-legal rights from a large number of laborers, thus gradually exposing the limitations of the labor contract system. Reforming the system of trade unions and developing and improving the collective labor relations are imperative.