Opinions of the CPC Central Committee and the State Council on Building Harmonious Labor Relations
In order to fully implement the spirit of the 18th CPC National Congress and the Second, Third and Fourth Plenary Sessions of the 18th CPC Central Committee, build harmonious labor relations, promote scientific development and promote social harmony, the following opinions are put forward.
1、 Fully understand the significance of building harmonious labor relations
Labor relations are an important part of production relations and one of the most basic and important social relations. Whether labor relations are harmonious or not is related to the vital interests of workers and enterprises, economic development and social harmony. The Party and the state have always attached great importance to building harmonious labor relations, formulated a series of laws, regulations, policies and measures, and made work arrangements. Party committees and governments at all levels have conscientiously implemented the decisions and arrangements of the Party Central Committee and the State Council, achieved positive results, and generally maintained harmonious and stable labor relations throughout the country. However, China is in the period of economic and social transformation. The subjects of labor relations and their interest demands are becoming more and more diversified. Labor relations conflicts have entered a prominent and frequent period. Labor dispute cases remain high. In some places, the phenomenon that migrant workers' wages are in arrears and other damages to the interests of workers are still prominent. Collective stoppages and mass incidents occur from time to time. The task of building a harmonious labor relationship is arduous and arduous.
The 18th National Congress of the Communist Party of China clearly proposed to build harmonious labor relations. Under the new historical conditions, striving to build harmonious labor relations with Chinese characteristics is an important part of strengthening and innovating social management, ensuring and improving people's livelihood, an important basis for building a socialist harmonious society, an important guarantee for sustainable and healthy economic development, and an inevitable requirement for strengthening the ruling foundation of the Party and consolidating its ruling position. Party committees and governments at all levels should, from the overall and strategic perspective of achieving the new victory of socialism with Chinese characteristics, deeply understand the significance of building a harmonious labor relationship, effectively enhance their sense of responsibility and mission, take building a harmonious labor relationship as an urgent task, place it in a more prominent position, and take effective measures to do a good job.
2、 Guiding ideology, working principles, objectives and tasks of building harmonious labor relations
（1） Guiding ideology. Promote the construction and development of harmonious labor relations with Chinese characteristics, maximize the factors of harmonious labor relations, minimize the factors of disharmony, promote sustainable and healthy economic development and social harmony and stability, and pool the majority of workers to contribute to the realization of the "Two Centenary Goals" and the Chinese Dream of the great rejuvenation of the Chinese nation.
（2） Working principles
——Adhere to people-oriented. The fundamental starting point and foothold of building a harmonious labor relationship are to solve the most concerned, direct and realistic interest problems of the majority of employees and earnestly safeguard their fundamental rights and interests.
——Adhere to the construction according to law. We will improve labor security laws and regulations, enhance enterprises' awareness of employment in accordance with the law, improve employees' ability to safeguard their rights in accordance with the law, strengthen supervision of labor security law enforcement and mediation of labor disputes, handle labor relations conflicts in accordance with the law, and bring the whole process of establishing, operating, supervising, and mediating labor relations into the track of rule of law.
——Adhere to co construction and sharing. The relationship between promoting the development of the enterprise and safeguarding the rights and interests of employees should be well handled as a whole, the enthusiasm and initiative of both parties involved in labor relations should be mobilized, and the enterprise and employees should be encouraged to work together through consultation, build mechanisms, create benefits and share interests.
——Adhere to reform and innovation. Proceeding from China's basic economic system, we should consider the characteristics of the public economy, non-public economy and mixed ownership economy as a whole, constantly explore and grasp the regularity of labor relations under the conditions of socialist market economy, and actively and steadily promote the innovation of labor relations work theory, system, system, mechanism and method with Chinese characteristics.
（3） Target task. Strengthen the construction of laws, systems, systems, mechanisms and capacities for adjusting labor relations, speed up the improvement of the working system under the leadership of the Party committee, the responsibility of the government, social coordination, the participation of enterprises and workers, and the protection of the rule of law, speed up the formation of a working mechanism that combines source governance, dynamic management, and emergency response, so as to achieve more standardized labor employment, reasonable growth of workers' wages, continuous improvement of working conditions, and effective protection of workers' safety and health, Social insurance is fully covered, humanistic care is increasingly strengthened, labor relations conflicts are effectively prevented and resolved, and standardized, orderly, fair and reasonable, mutually beneficial, win-win, harmonious and stable labor relations are established.
3、 Guarantee the basic rights and interests of employees according to law
（4） The right of employees to obtain labor remuneration shall be effectively guaranteed. We will improve and implement the wage payment regulations, improve the wage payment monitoring, wage deposit and emergency revolving fund system for arrears, explore the establishment of the wage guarantee fund system, implement the responsibility system of the general contracting enterprise for the settlement of arrears, punish illegal crimes such as refusing to pay labor remuneration according to law, and ensure that workers, especially migrant workers, receive their wages in full and on time. Strive to achieve equal pay for equal work between migrant workers and urban employees.
（5） The right of employees to rest and vacation shall be effectively guaranteed. We will improve and implement national regulations on working hours, national holidays and anniversaries, and paid annual leave, standardize the examination and approval management of enterprises' implementation of the special working hour system, and urge enterprises to arrange employees' rest and vacation according to law. If an enterprise arranges for its employees to extend their working hours due to the needs of production and operation, it shall consult with the trade union and the employees and pay them full overtime wages according to law. Strengthen the standardization of labor quota and staffing, promote the formulation and revision of national and industrial standards for labor quota and staffing, guide enterprises to formulate and implement scientific and reasonable standards for labor quota and staffing, and ensure employees' right to rest.
（6） The right of employees to obtain labor safety and health protection shall be effectively guaranteed. Strengthen the supervision of labor safety and health law enforcement, urge enterprises to improve and implement the labor safety and health responsibility system, strictly implement the national labor safety and health protection standards, increase investment in safe production, strengthen safety production and occupational health education and training, provide labor safety and health conditions and labor protection articles that meet the national regulations, and conduct pre employment Occupational health examination during on duty and off duty shall be carried out to strengthen the special labor protection of female workers and underage workers, and minimize the production safety accidents and occupational disease hazards.
（7） The right of employees to enjoy social insurance and receive vocational skills training shall be effectively guaranteed. We will conscientiously implement the Social Insurance Law, continue to improve the transfer and continuation of social insurance relationships, strive to achieve full coverage of social insurance, and implement the social insurance rights and interests of workers, especially migrant workers and labor dispatch workers. Urge enterprises to pay various social insurance premiums for employees according to law, and encourage qualified enterprises to establish supplementary insurance for employees in accordance with laws, regulations and relevant provisions. Guide employees to consciously perform their statutory obligations and actively participate in social insurance. Strengthen vocational skills training for employees, encourage employees to participate in academic education and continuing education, and improve their cultural knowledge and skills.
4、 Improve the coordination mechanism of labor relations
（8） We will fully implement the labor contract system. Implement the Labor Contract Law and other laws and regulations, strengthen the supervision, guidance and services for enterprises to implement the labor contract system, promote simple labor contract model text in industries with strong seasonal employment and large employee mobility, regulate the conclusion, performance, change, dissolution and termination of labor contracts according to law, and effectively improve the signing rate and performance quality of labor contracts. We will strengthen supervision over labor dispatch in accordance with the law, and regulate part-time, labor contracting, labor outsourcing and enterprise layoffs. Guide enterprises to establish and improve labor rules and regulations, and improve labor management level. Comprehensively promote the construction of labor employment information reporting and filing system, and strengthen the dynamic management of enterprise labor employment.
（9） We will promote the system of collective negotiation and collective contract. Focusing on non-public enterprises, we should promote collective wage negotiation in accordance with the law, constantly expand coverage and enhance effectiveness, and form a wage determination mechanism and a normal growth mechanism that reflect the supply and demand relationship in the human resources market and the economic benefits of enterprises. We will improve the wage guidance line system, accelerate the establishment of a unified and standardized enterprise salary survey and information release system, and provide a reference for collective wage negotiations. We will promote collective negotiation between enterprises and employees on working conditions, labor quotas, and special protection for female employees, and conclude collective contracts. Strengthen the capacity building of collective negotiation representatives and improve the level of negotiation. Strengthen guidance on the collective negotiation process and urge enterprises and employees to earnestly implement collective agreements.
（10） We will improve the tripartite mechanism for coordinating labor relations. We will improve the organization system of the tripartite mechanism for coordinating labor relations, establish and improve the tripartite mechanism composed of the human resources and social security departments, trade unions, enterprise federations, industry and commerce federations and other enterprise representative organizations, and promote the establishment of tripartite mechanisms in industrial parks, towns (sub districts), and industrial systems according to actual needs. We will strengthen and innovate the organization of the tripartite mechanism, establish and improve the tripartite committee for labor relations coordination, and the leader of the government at the same level will serve as the chairman of the committee. We will improve the functions of the tripartite mechanism, improve the working system, and give full play to the important role of the government, trade unions and enterprise representative organizations in jointly studying and solving major issues related to labor relations.
5、 Strengthen the construction of democratic management system of enterprises
（11） We will improve the democratic management system of enterprises. We will improve the democratic management system of enterprises in the basic form of workers' congresses, enrich the forms of workers' democratic participation, open channels for workers' democratic participation, and protect workers' rights to know, participate, express, and supervise in accordance with the law. We will promote the universal establishment of employee congresses in enterprises, earnestly implement the functions and powers of employee congresses, and give full play to the important role of employee congresses in making major decisions on enterprise development and in major matters involving the vital interests of employees. For enterprises with different ownership, explore the form, authority and functions of the staff and workers' congress in line with their own characteristics. In places where small and medium-sized enterprises are concentrated, regional and industrial congresses of workers and staff may be established.
（12） We will institutionalize and standardize the openness of factory affairs. We will further improve the rate of making factory affairs public, strengthen the openness of factory affairs in the process of restructuring state-owned enterprises, and actively and steadily promote the construction of the system of making factory affairs public for non-public enterprises. We will improve public procedures, enrich public content, innovate public forms, and explore and implement various forms of publicity such as manager reception days, labor and capital talks, and general manager mailboxes.
（13） Implement the employee director and employee supervisor system. In accordance with the provisions of the Company Law, the system of employee directors and employee supervisors shall be established in the company system enterprises. Standardize the performance rules of employee directors and supervisors in accordance with the law. When the Board of Directors and the Board of Supervisors study and decide on major issues of the Company, employee directors and employee supervisors shall fully express their opinions, reflect the reasonable demands of employees, and safeguard the legitimate rights and interests of employees and the Company.
6、 Improve the mediation mechanism for labor relations conflicts
（14） We will improve the labor security supervision system. We will comprehensively promote the grid and network management of labor and social security supervision, and transform supervision and law enforcement into proactive prevention and overall planning of urban and rural areas. We will innovate ways of supervision and law enforcement, standardize law enforcement, further open channels for reporting and complaints, expand the coverage of daily inspections and written reviews, and strengthen the special rectification of outstanding problems. We will establish and improve a mechanism for early warning, prevention and control of violations, improve the linkage mechanism between multisectoral comprehensive governance, supervision, law enforcement and criminal justice, increase the investigation and handling of illegal employment, especially major cases, and severely crack down on the use of child labor, forced labor, refusal to pay labor remuneration and other illegal crimes. Strengthen the construction of labor security integrity evaluation system, and establish and improve enterprise integrity archives.
（15） We will improve the mediation and arbitration mechanism for labor disputes. Adhere to the working principle of "prevention first, grassroots first, mediation first", strengthen the construction of enterprise labor dispute mediation committees, and promote various enterprises to generally establish internal labor dispute consultation and mediation mechanisms. We will vigorously promote the establishment of labor dispute mediation organizations in towns (sub districts) and villages (communities) according to law, and support trade unions and business associations to establish industrial and regional labor dispute mediation organizations according to law. We will improve the labor dispute mediation system, vigorously strengthen professional labor dispute mediation, improve the people's mediation, administrative mediation, arbitration mediation, and judicial mediation linkage system, and give full play to the fundamental role of consultation and mediation in handling labor disputes. We will improve the arbitration system for labor and personnel disputes, standardize the procedures for handling cases, strengthen supervision over arbitration, further improve the efficiency and quality of arbitration, and promote the termination of arbitration. Strengthen the connection and coordination of arbitration and trial, and actively explore the establishment of new rules and systems for the effective connection of litigation and arbitration procedures and the unification of arbitration and trial standards. The channels for legal aid shall be unblocked, legal aid shall be provided to eligible employees in a timely manner according to law, and the legitimate rights and interests of the parties concerned shall be effectively safeguarded. We will rely on the tripartite mechanism for coordinating labor relations to improve the methods for coordinating and handling collective negotiation disputes, and effectively mediate disputes and collective work stoppages arising from the signing of collective agreements.
（16） We will improve the prevention and emergency response mechanisms for labor relations mass incidents. Strengthen the analysis, research and judgment of labor relations situation, establish a regular troubleshooting and dynamic monitoring and early warning system for labor relations group disputes, timely find and actively solve the emerging and tendentious problems in the field of labor relations, and effectively prevent group incidents. Improve the emergency plan and define the hierarchical response, disposal procedures and measures. We will improve the emergency response linkage mechanism for mass incidents under the leadership of the Party Committee, in which the government is responsible and relevant departments, trade unions and enterprise representative organizations participate, so as to form a joint force for rapid response and response, urge and guide enterprises to implement their main responsibilities, and properly handle mass incidents in a timely manner.
7、 Create a good environment for building harmonious labor relations
（17） Strengthen the education and guidance of employees. Strengthen the ideological and political education among the staff, guide them to establish a correct world outlook, outlook on life and values, pursue noble professional ideals, cultivate good professional ethics, enhance their sense of responsibility, identity and belonging to the enterprise, love their jobs, observe discipline, be honest and trustworthy, and consciously fulfill their labor obligations. Strengthen the publicity of relevant laws, regulations and policies, guide employees to correctly treat the adjustment of social interest relations, reasonably determine the expectations of raising wages and other demands, express interest demands, solve interest conflicts and safeguard their own rights and interests in a rational and legal form while trying to solve the immediate interests of employees.
（18） Strengthen humanistic care for employees. Cultivate distinctive enterprise spirit and healthy enterprise culture, and build a common spiritual home for employees. Pay attention to the spiritual needs and mental health of employees, timely understand and master the ideological trends of employees, do well in ideological guidance and psychological counseling, and establish a psychological crisis intervention and early warning mechanism. We will strengthen the construction of cultural, sports and entertainment facilities in enterprises, actively organize employees to carry out popular and colorful cultural and sports activities, and enrich the cultural life of employees. Broaden the development channels of employees and expand the space for career development.
（19） Educate and guide business operators to actively fulfill their social responsibilities. Strengthen the ideological and political education of the majority of business operators, guide them to practice the socialist core values, firmly establish the spirit of patriotism, dedication, integrity, law-abiding, and dedication, and earnestly assume the social responsibility of serving the country, serving the society, and benefiting employees. Educate and guide enterprise operators to consciously care for their employees, strive to improve their working, learning and living conditions, help them solve problems, and increase their assistance to needy employees. Establish a corporate social responsibility standard system and evaluation system that are consistent with China's national conditions, and create an environment that encourages enterprises to perform their social responsibilities. We will strengthen education and training on labor security laws and regulations for business operators, especially managers of small and medium-sized enterprises, improve their awareness of employment in accordance with the law, and guide them to consciously protect the legitimate rights and interests of workers.
（20） Optimize the enterprise development environment. Strengthen and improve government management services, reduce and standardize enterprise related administrative approval matters, improve the efficiency of approval matters, and stimulate the creativity of market entities. Increase policy support for small and medium-sized enterprises, especially the implementation of various policies to support the development of small and micro enterprises
