信息约束与劳动关系的柔性调节:以劳动标准为中心
发布时间:2019-06-07 13:15
【摘要】:劳动关系的不平等性决定了公权主导型的调节模式。但我国面临着劳动者供给变动、劳动力分层、产业结构失衡等问题,需要层级化的劳动关系调节模式以应对劳动关系的复杂状况,而劳动标准是实现劳动关系柔性调节的重要机制。劳动标准的制定和执行以信息为基础。信息的可观察性是劳动问题上升为劳动标准的重要条件,其基本要求是信息的低成本获取、信息的稳定呈现和不同主体对信息认知的一致性。劳动标准的执行则需要满足信息可检验性的要求。应当回归劳动关系的契约属性,发挥不同主体的信息优势,识别和回应不同层次劳动者的利益诉求,分散劳动标准的制定主体和执行主体,增强劳动关系调节的有效性。
[Abstract]:The inequality of labor relations determines the adjustment mode of public power. However, our country is facing some problems, such as the change of labor supply, the stratification of labor force, the imbalance of industrial structure and so on. It is necessary to adjust the labor relations at a hierarchical level in order to cope with the complex situation of labor relations. Labor standard is an important mechanism to realize flexible adjustment of labor relations. The formulation and implementation of labor standards is based on information. The observability of information is an important condition for labor problems to rise to labor standards. Its basic requirements are the low cost of information acquisition, the stable presentation of information and the consistency of different subjects' cognition of information. The implementation of labor standards needs to meet the requirements of information verifiability. We should return to the contractual attribute of labor relations, give full play to the information advantages of different subjects, identify and respond to the interests of workers at different levels, disperse the formulation and implementation of labor standards, and enhance the effectiveness of labor relations regulation.
【作者单位】: 华东政法大学博士后流动站;
【分类号】:F249.2
,
本文编号:2494824
[Abstract]:The inequality of labor relations determines the adjustment mode of public power. However, our country is facing some problems, such as the change of labor supply, the stratification of labor force, the imbalance of industrial structure and so on. It is necessary to adjust the labor relations at a hierarchical level in order to cope with the complex situation of labor relations. Labor standard is an important mechanism to realize flexible adjustment of labor relations. The formulation and implementation of labor standards is based on information. The observability of information is an important condition for labor problems to rise to labor standards. Its basic requirements are the low cost of information acquisition, the stable presentation of information and the consistency of different subjects' cognition of information. The implementation of labor standards needs to meet the requirements of information verifiability. We should return to the contractual attribute of labor relations, give full play to the information advantages of different subjects, identify and respond to the interests of workers at different levels, disperse the formulation and implementation of labor standards, and enhance the effectiveness of labor relations regulation.
【作者单位】: 华东政法大学博士后流动站;
【分类号】:F249.2
,
本文编号:2494824
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