劳动关系预警机制的法理分析

市场经济转型过程中劳资矛盾日益突出,劳动关系预警机制必然因应构建和谐劳动关系的要求,其目的不仅仅保护劳动者的权益和维持企业的产业活动,而且突破了劳资双方的契约关系,关系到社会的安定秩序,尤其是政治秩序.在达成这些目的过程中,劳动关系预警机制将可能产生一系列副作用,导致政府过度干预劳动契约以及政治秩序一元化目标下对法治进程的影响.基于此,笔者尝试提出分别基于企业人力资源管理和三方协商制度建构劳动关系预警机制的两个途径.

Legal Philosophy of the Early Warning System in Labor Relations

The inevitable result of labor relations and an early warning system should be required to build a harmonious labor relation.Its purpose is to not only protect the rights of workers and maintain their industrial activities,but also break through the contractual relationship between employers and employees related to social stability and order,especially the political order.In the process of achieving these aims,labor relations will likely produce a series of early warning system side effects,leading to excessive government intervention in the labor contract as well as much political order under the unified goal of the impact of the rule of law process.Based on this,the authors try to put forward two ways,which were based on human resources management and labor relations tripartite consultation system construction of early warning mechanism.