我国集体合同法律制度实践的困境分析

我国集体合同法律制度实践存在签订率低、覆盖面窄、内容空洞、履行缺乏强制性、争议处理程序欠缺等问题,原因在于：工会组织的独立性、政府的中立性以及雇主组织履约、缔约的内驱力和强制力不足,使得三方机制受损。为了完善我国的集体合同制度,增强其时效性,我们应强化工会组织的独立性、政府的中立性以及雇主缔约、履约的内驱力和强制力。     

职业病人健康体检两年一次

编辑同志:我是一名职业病患者,去年进行职业病健康体检时因故未能参加,能不能够补检,望答复。李国才李国才读者:2009年天津市人力资源和社会保障局下发文件,从2009年6月1日开始,统一组织对全市范围内职业病人员进行健康体检。参加人员为,     

集体劳动权若干法律问题探析

集体劳动权是现代劳动权的核心,是人权的重要组成部分。随着我国市场经济的发展,集体劳动权也逐渐成为协调劳动关系、实现和平衡各方经济利益关系的重要制度。我国集体劳动权制度应当借鉴外国和国际立法的成就,完善参加和组织工会权、参与民主管理权、平等协商和签订集体合同权方面的立法。     

企业工会的“制度性弱势”及其形成背景

我国现行工会组织及其运作模式源于改革开放前的计划经济体制,相对于当前社会利益分化的现实,这种传统的工会组织及其运作模式存在着三方面的“制度性弱势”：即工会组织对行政主管和企业领导的高度依赖;工会组织无法代表职工的利益;集体谈判、集体协商和集体合同制度缺乏集体行动的合法性基础。     

退休后确诊职业病,能享受一次性伤残补助金吗?

编辑同志:我是2014年10月审批特殊工种提前退休人员,12月确诊为职业病,2015年2月认定工伤并确定伤残等级为五级,请问我能否享受一次性伤残补助金?刘玉刘玉读者:根据《天津市工伤保险若干规定》(津政令〔2012〕50号)文件第26条规定"职工退休后确诊为职业病的,依法享受工伤保险待遇。本规定自2012年3月5日起施行。《职工退休后确诊职业病享受一次性伤残补助金计发标准等问题的通知》(津人社办函〔2012〕375号)文件规定"职工退休后被确     

天津市职业病防治院等单位被确定为天津市工伤保险定点医疗机构

根据天津市人力社保局文件,天津市职业病防治院、天津市南开区三潭医院被确定为天津市工伤保险定点医疗机构。     

工伤保险职业病管理中的问题及对策

工伤保险在保障工伤患者就医与康复治疗中发挥了重要作用。在当今社会保障体系向纵深发展之际,认真思考工伤保险所面临的问题,探求职业病在工伤保险管理     

美丽梦想 在异乡凋零——珠三角外来工职业病纪实

有学者称,目前我国农民工群体在2.1亿以上。2000年国家第五次全国人口普查的数据显示,农民工占全国工人总数的50%以上,其中在中国产业工人中农民工占到57.5%,在第三产业工人中农民工也占到了37%,农民工已经成为工人阶层的主要组成部分。正因为如此,农民工问题为社会所密切关注。然而与农民工的庞大的数目不对称的是,农民工在城市的弱势地位没有很大的改观,他们在城市里的生存环境依然不容乐观。相当部分城市人口对他们有一种岐视心理;所从事的都是脏累差的活,工作环境十分恶劣;一旦被拖欠工薪,又无法及时有效地运用法律来维护自己的权益。有数据显示,职业病开始损害越来越多的农民工的健康。在目前超过两亿的全国受职业病危害人数中,绝大多数是农民工。一方面急性职业性中毒事件时有发生,甚至酿成群死群伤的重大事故;另一方面以尘肺病为代表的慢性职业病则呈聚集性发病的特点,导致一些地方劳动者因职业病返贫、致贫。农民工是中国的城市化建设的功臣,他们需要与他们贡献相匹配的权益。关注他们的生存环境,保护他们的健康和权益,是当前迫切的问题。有专家呼吁,让农民有尊严地工作!不仅要保护他们的健康,还要促进健康:不仅要求生理上的健康,更要求精神、心理方面的健康和人格保证。     

《中华人民共和国社会保险法》

职工应当参加工伤保险,由用人单位缴纳工伤保险费,职工不缴纳工伤保险费。职工因工作原因受到事故伤害或者患职业病,且经工伤认定的,享受工伤保险待遇;其中,经劳动能力鉴定丧失劳动能力的,享受伤残待遇。工伤认定和劳动能力鉴定应当简捷、方便。     

澳门De社会保障及社会福利服务

一、澳门的社会保障澳门的社会保障系统,主要是由政府的社会工作司,社会保障基金以及由民办的社会保险制度构成的。社会保险主要是指“雇员赔偿法”,也就是澳门政府通过立法的形式,促使雇主必须为其雇员投保有关保险,确保由意外和职业病的伤亡发生后,工人能取得合理的赔偿,保障工人的权益。社会工作司及社会保障基金为澳门居民提供的社会保障服务主要有两类:非供款式(也称公共援助)及供款式社会保障。这两种服务原则上是互补     

Won't You Be My Neighbor? Norms of Cooperation,Public Broadcasting,and the Collective Action Problem*

Objectives. The logic of collective action suggests that public broadcasting stations should not receive the empirically observed level of member support they do. Why do people contribute to public television when they can view it without contributing? Methods. The hypothesis tested is that “norms of cooperation” govern the behavior of individuals in collective action situations. This article tests the hypothesis with an original survey of public television viewers in three large communities. Results. The survey data provide support for the “norms of cooperation” hypothesis. The higher the level of characteristics of an individual that measure cooperation, the more likely the individual is to give to public broadcasting, all other factors being equal. Conclusions. Norms of cooperation—an important part of social capital—help overcome the logic of collective action where it concerns public television contributions.     

Pool size and the sustainability of optimal risk-sharing agreements

We study a risk-sharing agreement where members exert a loss-mitigating action which decreases the amount of reimbursements to be paid in the pool. The action is costly and members tend to free-ride on it. An optimal risk-sharing agreement maximizes the expected utility of a representative member with respect to both the coverage and the (collective) action such that efficiency is restored. We study the sustainability of the optimal agreement as equilibrium in a repeated game with indefinite number of repetitions. When the optimal agreement is not enforceable, the equilibrium with free-riding emerges. We identify an interesting trade-off: welfare generated by the optimal risk-sharing agreement increases with the size of the pool, but at the same time the pool size must not be too large for collective choices to be self-enforcing. This generates a discontinuous effect of pool size on welfare.     

The Development of Democratic Centralism in the Management of the Soviet Economy

Looking back from the summit of six decades on the complex process of creation and development of the economic mechanism in the USSR, we can clearly see how much the methods, tools, and organizational structure of the system of planned economic management have changed during these years. Nonetheless the basic principle of the system — democratic centralism — has not only remained unshakable but has also grown continually stronger, since it has expressed and continues to express one of the most important conditions of the planned combination of public, collective, and personal interests. It is natural that the principle of democratic centralism is a part of the new Constitution of the USSR.     

The practices of collective action: Practice theory,sustainability transitions and social change

Developing theory for understanding social transformation is essential for environmental sustainability, yet mainstream accounts of collective action neglect the dynamics of daily life. Theories of practice have proved generative for the study of sustainable consumption but struggle to accommodate the roles of collective actors, strategic action and purposive collective projects in social change. In response, this paper develops a practice theoretical account of collective action pertinent to processes of large scale social change, with specific focus on transitions towards sustainability. We consider three ideal types of collective—bureaucratic organisations, groupings and latent networks—and, drawing on existing social theoretical resources that are ontologically compatible with a practice account, explore the kinds of practices and arrangements which compose them. Processes concerning strategy, bureaucracy, management, social worlds and collective identity are identified as important combinations of practices and arrangements. We suggest a key contribution of practice theory has been to identify a type of collective action we call dispersed collective activity, and we suggest how this type of activity may give rise to collectives. We conclude by suggesting further development for the realisation of the project's contribution to the analysis of sustainability transitions.     

Strategic uncertainty,coordination failure and emergence: A game theory study on agency‐structure interactions

In the social sciences there is a long standing debate over the primacy of structure or agency in shaping human behavior. Structurationists like Giddens think of individuals' agency and collective features as two sides of the same coin while emergentists including Archer and Elder‐Vass claim that structurationists are blurring an important ontological distinction——they argue for effective social analysis, we should think of structures and individuals as different things because emergence happens when the properties of the collective are not reducible to the properties of the parts that constitute them. This paper contributes to the agency‐structure debate by showing how production and reproduction of emergent properties of social groups sharing same normative commitments (norm circles) can be empirically studied using two behavioral game theory experiments, adding a previously neglected insight that strategic uncertainty can lead to coordination failures of individual behaviors within norm circles, manifested as unintended outcomes of interdependent actions that are difficult to predict. Here the synchronic relation between the unpredictable collective outcomes of each game round and agential reactions of the participants to them defines emergence——the previous outcomes are diachronic inputs but they appear in the new outcome only through their effects on the individual decisions.     

Occupational Risks in Latin America

Protection against employment accidents and occupational diseases, also known as occupational risks, has a long history in Latin America. There have been very few studies of this branch of social security, despite the fact that as a vehicle of social protection it is of the greatest importance for any society. In view of its implications in terms of improved worker protection and greater productivity in the economy, this form of insurance deserves greater attention. This article attempts to give an overview of the evolution of occupational risk insurance in Latin America, as well as its current problems and status. It discusses specific aspects of selected schemes, with concluding observations on the challenges now faced by such schemes in the region.     

From the hidden welfare state to the hidden part of welfare state reform: Analyzing the uses and effects of fiscal welfare in France

This article argues that fiscal welfare in Europe not only forms part of the “hidden welfare state” (Howard, 1997 ), but also constitutes an important yet understudied—and therefore hidden—element of welfare state reform. Using the example of France, and relying both on available data and on an exhaustive database of social tax expenditures (STEs) compiled for 2014, the article begins by providing an overview of the structure of STEs in France (section 2 ). It then analyzes the specific uses and effects of STEs in the fields of employment, health care, and pensions. In particular, it shows, first of all, how STEs have constituted a privileged instrument for circumventing certain institutional features such as high levels of minimum wage and of social security contributions in the field of employment (section 3 ). Second, it also shows that STEs have been used to quietly divert resources away from the earmarked social security funds and into collective private insurance funds, thus fueling their development, in the case of health care and pensions (section 4 ). Lastly, the article engages with the notion of the “social division of welfare” (Titmuss, 1958 ) by considering some of the distributional effects of fiscal welfare in France (section 5 ), before concluding (section 6 ).     

Pan‐European pension funds: Current situation and future prospects

The competitive pressures arising from European economic integration increasingly challenge the territorial sovereignty of national welfare states. This generates the need to situate domestic social security schemes amid the European Union's national and supranational as well as economic and social spaces. At the trans‐national level, the European Commission's 2003 Institutions for Occupational Retirement Provision (IORP) Directive created the illusion that a single market for occupational pensions would shortly be within reach. This did not happen, however, as IORPs — being at one and the same time financial vehicles and social insurance institutions — embody the constitutional asymmetry between policies promoting market efficiency and policies promoting social protection. Whereas the elimination of financial and tax barriers has proceeded smoothly, harmonization of the social and labour components within the occupational pension domain did not occur, slowing down the development of pan‐European pension plans. Nonetheless the road towards a single occupational pension market is still open, with first positive results emerging from the greater involvement of corporate and supranational actors.     

Including migrant skills in a knowledge economy: The politics of recognition of foreign qualifications,work experience and industry courses

The lack of skilled labour pushes mature knowledge economies towards importing skills. Previous studies have shown that migrants' economic and social integration in their host societies depend on the recognition of their skills. Yet, the degree to which the certificates of migrants and their practical experience are recognised and additional training is offered, is contested. Interests conflict not only between unions and employers, but also among employers and unions themselves. We argue that social partners' preferences on foreign qualification recognition (FQR), recognition of experience and industry-wide training (in the following: FQR and related measures) are mainly determined by the existence of occupational labour markets. An occupational labour market segments the labour market and subsequently restricts access to these segments. FQR and related measures constitute a regulated avenue into these occupational labour markets, protecting these labour markets from an uncontrolled influx of workers. Empirically, this contribution compares whether and how hospitality and construction industries—two sectors that depend heavily on migrants and difficult to organise due to seasonal activity—recognise and remunerate foreign skills. The construction sector recognises and remunerates foreign skills to a much larger extent than the hospitality industry. Adopting the method of difference and based on expert interviews, the paper shows that the more social partners protect their domestic occupational labour market, the more they also support FQR and related measures. The article discusses the implications for migrants' wages and social inclusion, contributing to the analysis of socio-economic tensions in mature knowledge economies.