2023 Issue 6
Research into Worker Education of the CPC during the Period of New Democratic Revolution
Author:WANG Caixia WANG Yuting ZHAO Yaopei
Key words:period of New Democratic Revolution; worker education; nurturing individuals for the Party; Marxist educational theory
Abstract:Worker education of the Communist Party of China ( CPC ) during the period of New Democratic Revolution is a glorious chapter in the history of proletarian education in China. In this stage, worker schools were established, legislation for worker education was promoted, and the worker education system was improved. Guided by Marxist educational theories and centered on serving workers, the fundamental purpose of worker education in this stage was to educate and nurture individuals for the Party. This period witnessed the development of worker education theory and practice in our country. Hence, worker education in the new era should aim to cultivate well-rounded individuals, guide workers with advanced thoughts, and cultivate them with excellent culture. Meanwhile, an education system should be established to serve the lifelong learning of workers and cultivate a high-quality workforce.
On the System of Federation of Trade Unions in Guangdong-Hong Kong-Macao Greater Bay Area: Its Framework Construction, Promotion Path, and Rule Coordination
Author:DU Xinxiu
Key words:trade union joint meeting; cross-regional cooperation model; institutional differences; the Guangdong-Hongkong-Macao Greater Bay Area
Abstract:The tripartite cooperation of trade unions in Guangdong, Hong Kong and Macao is a pioneering attempt to overcome the differences in social systems and an important measure to promote the integration of Hong Kong and Macao into the national development strategy. Meanwhile it has a profound impact on the development of trade unions in China. The framework construction of this system aims to serve the "one country, two systems" principle, with a reasonable distribution of participating subjects and continuous improvement of working mechanisms. Its diversifi ed promotion path includes the construction of hierarchical and coordinated hardware and software facilities, the worker cultural exchange guided by the spirit of loving the Party, loving the country and the craftsmanship, and collaborative enhancement of cross-sector social responsibilities and benefi ts. The rule coordination in the context of trade unions cooperation in the Greater Bay Area includes "seeking common ground while reserving differences" type of coordination that bridges social system differences, "equality for all" type of coordination that weakens identity differences, and "heart-to-heart communication" type of coordination that cultivates a sense of patriotism. The cooperation provides valuable insights for the integrated development of the Greater Bay Area, trade unions work, united front work, and international trade unions cooperation in the new era.
On Moral Criticism and Political Economy Criticism in Marx's Thoughts on Labor Ethics
Author:WANG Lu
Key words:labor ethics; moral criticism; political economy criticism; historical materialism; freedom and liberation
Abstract:Marx constructed his theoretical framework by using "criticism" rather than "moral preaching", whilst moral criticism and political economy criticism constitute the dual dimensions of his labor ethics. On the one hand, Marx employed religious and legal philosophical criticisms to complete the reversal of the moral and practical levels. On the other hand, starting from religious and moral criticism, and extending to political economy, Marx achieved a scientifi c criticism on capitalism. Moral criticism, as the starting point and intrinsic connotation of political criticism, refl ects the basic standpoint of historical materialism throughout, so is the ethical direction under political economy criticism. The goals pointed to by both theories are to achieve human freedom and liberation and are of a high degree of internal consistency. Through the transformation of the dimension of criticism, Marx pushed his thoughts on labor ethics to a deeper, more comprehensive and ampler stage of argumentation.
The Confl icts and Adaptation of Youth Labor Values in the "Floating Back" Phenomenon — A Study from the Perspective of Structural Dualism
Author:XUE Minxia
Key words:floating back";; labor values; social changes; structural dualism
Abstract:The word "fl oating back" refers to a lifestyle of young people who repeatedly move between large and small cities, refl ecting the changing and conflicting state of youth labor values. In the process of "floating back", conflicts arise between traditional values and modern values, between the complexity of external environments and the limitations of individual capabilities, as well as between the balance of individual pursuits and social responsibilities. The theory of structural dualism emphasizes the interplay between the structure and agency and can explore the mechanisms linking the social structure of youth labor values and self-construction actions. Based on the examination from a structural dualism perspective, opening up spaces for youth labor interactions, shaping the youth's spiritual world through macro-level governance, meso-level cultural regulation, and micro-level guidance would be the future direction for adapting the youth labor values in the new era.
Social Control through Adjudication — A Study of Legal Continuation of the Administrative Relief Mechanism for Improper Labor Practices under Articles 50-56 of the Trade Union Law
Author:XU Zhiqiang
Key words:improper labor practices; administrative adjudication; Trade Union Law; legal continuation.
Abstract:The Trade Union Law sets up an administrative relief path for disputes over improper labor practices in the section of "Legal Liabilities". However, to date, the nature and rules of this path have not yet been clearly defi ned, seriously restricting the implementation of the law. Three disposal modes of this type of dispute exist in out-of-domain legislation: civil litigation domination, administrative adjudication domination, and dual mechanisms coexistence. However, due to the non-appealability of disputes over improper labor practices, difficulty of judicial relief to meet the timeliness and preventative requirements of the right of association protection, and the wider range of subjects who can participate in administrative relief, administrative adjudication has always taken up a core position in representing the legislative state mechanism. Based on the design of a multi-value appeal mechanism, China should draw on this legislative experience and promote the legal continuation in terms of the basic structure of administrative adjudication for disputes over improper labor practices, coordination between provisions of wrongful dismissal due to improper labor practices and general wrongful dismissal provisions, and the expansion of administrative relief paths for union staff's improper labor practices. Furthermore, this should also lead to the improvement of relevant legislation. In the future, it is suggested to formulate an overarching "Labor Dispute Processing Law" to systematically reorganize the handling of collective labor disputes, including disputes over improper labor practices, and ultimately form a labor dispute system with Chinese characteristics.
Research into Coordination of Cross-border Employment and Pension Insurance in Guangdong-Hong Kong-Macao Greater Bay Area: Regulations, Precedents, and Pathways
Author:QIN Manqing
Key words:Guangdong-Hong Kong-Macao Greater Bay Area; pension insurance; cross-border employment; retroactivity
Abstract:As a type of insurance that requires long-term payment to receive benefi ts, the stability of pension insurance are in confl ict with the mobility of cross-border workers in Guangdong-Hong Kong-Macao Greater Bay Area, resulting in cumulative payment years and recognition issues for crossborder pension insurance. This directly affects the payment of pension insurance benefi ts for cross-border workers. Since pension insurance enrollment is a continuous process that often involves the transition from old to new regulations, it is necessary to comb through old and new regulations, summarize the key points of litigation of judicial precedents, analyze the key barriers to realizing cross-border pension insurance benefi ts, and coordinate the pension insurance systems in Guangdong, Hong Kong and Macao through fl exible connections. Thus, the issue of pension insurance benefi ts payment caused by changes in old and new regulations can be solved by the "favorable retroactive effect of new laws".
On Legal Regulation of the General Applicability of Non-competition Agreements ——Focusing on the Introduction of the Inevitable Disclosure Doctrine
Author:ZHU Wenhui
Key words:Non-compete Agreement; Inevitable Disclosure Doctrine; generalised application; trade secrets; legal regulation
Abstract:The generalised application of non-competition agreements is not conducive to the protection of workers' rights and interests and the development of scientifi c and technological innovation, and the current problem of generalised application of non-competition agreements in China is very serious and needs to be regulated urgently. The misunderstanding and misapplication of the term "persons under a duty of confi dentiality", the unclear defi nition of the object of protection of non-competition, and the preference for formality in judicial review are the reasons for the generalised application of non-competition agreements. Inevitable Disclosure Doctrine, as a statutory interest measurement mechanism, can strike a good balance between the protection of trade secrets and the freedom of choice of employment of departing employees, and its appropriate restriction and introduction into China in a reasonable way according to China's actual judicial situation and specifi c legal system can well solve the generalized application of non-competition agreements and achieve a balance between the protection of trade secrets and the freedom of choice of employment of departing employees.
Research into Prospects, Potential Risks, and Mitigation Strategies of ChatGPT's Involvement in Labor Education
Author:WANG Wenxuan WANG Dan
Key words:ChatGPT; artifi cial intelligence; labor education; ethical challenges
Abstract:The emergence of generative AI ChatGPT has rapidly gained widespread use and recognition from global users. While the technology provides convenience for daily life and learning, it also poses many challenges. For example, intelligence dependency weakens the cultivation of labor concepts, information cocoons downplay the learning of labor theory, technological addiction simplifi es labor skill training, and lack of control devalues the labor education environment. Hence, the series of risks hidden behind the technology will profoundly affect our education sector, especially labor education. To address this issue, a progressive logic needs to be used to seek mitigation strategies and effectively alleviate the potential risks resulting from ChatGPT's involvement in labor education. This entails strengthening the guidance of labor concepts to achieve correction of specifi cally targeted erroneous labor concepts, reinforcing the learning of labor theories to clear spaces infi ltrated with erroneous theories, emphasizing the training of labor skills to consolidate a physical defense against physical and mental degeneration, and optimizing the labor education environment to strengthen the rigid constraints on algorithmic ethics supervision.
Seeking Practical Solutions —— A Study of the Constructive Core Connotation of Media Participation in Labor Relations Governance
Author:Wu Lin
Key words:governance of labor relations; constructive nature of the media; constructive news; practical logic
Abstract:Labor relations are an important socio-economic relationship that constitutes the foundation of social operation. Thus, achieving effective governance of labor relations is a major and urgent issue. As a social intermediary mechanism, whether the political logic assigns an inherent role or past experience contains empirical evidence, it is evident that the media needs to become an actor of governance participation. Through observing specifi c real-world experiences and dialoguing with constructive journalism concepts originating outside the field, this study finds that the constructive core connotation of media participation in labor relations governance in the current context should be understood as a philosophy focusing on "seeking practical solutions". Implementing constructive media means upholding an attitude of "active professional participation" in ideology and focusing on "practice-oriented solutions" in action. Hence, handling the relationship between structure and agency is a universal challenge facing the media.
Can Joining Trade Unions Improve the Skills of Industrial Workers? ——An Empirical Study from a Survey Data in Dalian
Author:ZHAO Mingfei WANG Shanna
Key words:trade unions; vocational training; industrial workers; skill development
Abstract:Whether the skill level of industrial workers can match the direction of industry development, and achieve a dynamic balance between the supply and demand of skilled labor is crucial for providing human capital support to industrial transformation and upgrading, and highquality economic development. It is clear that trade union organizations play an important role in improving the skill level of industrial workers by promoting workers' quality improvement projects, organizing labor skill contests, and carrying out mass technological innovations. Based on microdata from a survey of industrial workers in Dalian, we found that joining trade unions signifi cantly improves the skills of industrial workers, especially workers of manufacturing industry. Moreover, mechanism tests reveal that trade unions improve the skills of industrial workers through conducting vocational training. Hence, it is suggested in the study that diverse forms of vocational training should be provided to industrial workers in practice by utilizing resources of the trade unions; and the methods of evaluating skills of industrial workers should be improved. In addition, the skills of industrial workers should also be developed by strengthening cooperation with vocational schools and utilizing multi-level and diversifi ed vocational educational resources.
The Mechanism of Improving Employment Quality under the Background of Binary Labor Market ——An Empirical Study Based on CLDS Data
Author:LIU Dan
Key words:employment quality; capital factors; occupational mobility; binary labor market
Abstract:The binary division of China's urban labor market has resulted in differences in improving mechanism of employment quality for workers. From the perspectives of capital and occupational mobility, this study employed the data from the China Labor-force Dynamics Survey ( CLDS ) to examine and test the factors that affect workers' improvement of quality in different labor markets. The study found that knowledge human capital, weak relational social capital, and political capital of cadres have a positive effect on improving employment quality for primary labor market workers. For secondary labor market workers, employment quality can be improved by enhancing knowledge human capital, technical human capital, weak relational social capital, and political capital of cadres. As primary labor market workers improve their employment quality through active and self-initiated occupational mobility, secondary labor market workers can improve their employment quality by increasing their frequency of occupational mobility. Capital factors do not have a restraining effect on the improvement of employment quality through occupational mobility for primary labor market workers, but to a certain extent, they do have an inhibitory effect on secondary labor market workers. Thus, it is necessary to fully understand the demands of workers and the real employment situation to help the employees in the secondary labor market increase the investment and accumulation of human capital, social capital and political capital so as to improve their employment quality.