Extracted from China Lawyers Network

Abstract: Labor relations are a fundamental social relationship in the industrial era and an important criterion for measuring whether society is harmonious. Labor relations and corresponding legal system issues

Labor relations are a fundamental social relationship in the industrial era and an important criterion for measuring social harmony. The issue of labor relations and corresponding legal systems not only involves the realization of the rights and interests of hundreds of millions of workers, but also involves the implementation of the Scientific Outlook on Development and the construction of a socialist harmonious society, which is a topic of great practical significance.

1、 Overview of Theoretical Research on Labor Relations and Related Legal System Construction

Labor relations refer to the social and economic relationships formed between workers and labor users in the process of realizing labor. According to different attitudes towards whether labor relations can be reconciled, foreign theories on labor relations can be divided into: natural harmony theory, irreconcilable theory, and reconcilable theory. The labor relations theory in our country has gone through three stages: the Three Principles of the People's Republic of China labor capital coordination theory, the New Democratic labor capital dual benefit theory, and the socialist theory of balancing public and private interests.

In the mid-20th century, due to differences in historical culture and legal traditions, as well as differences in the specific system and operation mode of the national economy, three distinctive labor legal system models emerged: the first was the common law model in the UK and the US, characterized by less direct intervention and adjustment by the government or law in labor relations matters. The second is the German and French civil law model characterized by the state's intervention in labor relations through written laws, with a high degree of intervention. The third is the Japanese model, which combines the characteristics of the first two and implements three different labor legal systems: lifelong employment system, collective bargaining and agreement system at the enterprise level, and universal qualification system. A labor relations legal system has been formed, which includes three basic systems: individual interest system, collective rights system, and labor dispute resolution system. In China, the development of the legal system of labor relations presents a completely different picture. On the one hand, a large number of written laws have been promulgated one after another, and the intervention of the state and laws in the field of labor relations is increasing; On the other hand, more and more civil organizations established or involved in accordance with legal provisions and national policies are participating in the coordination and resolution of labor disputes.

From the perspective of theoretical research on labor relations and the construction process of labor relations legal system, labor management conflict and coordination have always been the core issues of theoretical research and legal system construction. The evolution of the intervention strength of the state and law runs through the entire process of labor relations theory research and legal system construction, and has not yet been resolved. How to solve this problem is undoubtedly crucial for building and developing stable and harmonious labor relations, and building a harmonious society. Therefore, the author proposes a "gentleman" type of labor relations and legal system, hoping to solve the legal adjustment problem of labor relations.

2、 "Gentleman" type labor relations and legal system construction

（1） The Ecological Existence of "Gentleman" Type Labor Relations and Legal Systems - "Harmony but Differences"

Confucius said, "A gentleman is harmonious but different, while a petty person is harmonious but not harmonious." "Harmony" and "unity" are a pair of philosophical concepts. "Harmony" and "unity" are two different states of existence of things, and they are two different methods for people to handle problems. "Harmony" refers to the unity and harmony of different things, which is the unity of contradictions; "Same" refers to the addition and unity of the same things. What we are pursuing is a "harmonious but different" form of labor relations that is full of vitality and can continuously innovate and create harmonious labor relations. Therefore, the author refers to it as a "gentleman" type of labor relations with the help of ancient Chinese culture. It encompasses two aspects of meaning, or in other words, its existence manifests as two levels of ecology.

1. From a macro perspective, it is a harmonious coexistence of different modes of labor relations and legal systems.

It requires different enterprises to develop different rules and regulations and establish different labor relationship models based on their own industry characteristics, nature, and corporate culture, rather than requiring companies to have uniform rules and regulations and labor relationship models. Confucius said, "The heart of a gentleman is common... although it is harmonious with others, it is not." The "gentleman" type of labor relationship we want is a vibrant and harmonious labor relationship composed of different rules and regulations, and different labor relationship models, that is, a "harmonious but different" social labor relationship that is "harmonious with reality", rather than a "same but not harmonious" social labor relationship that is contradictory due to the demand for consistency. However, no matter how different there may be, protecting the legitimate rights and interests of workers, adjusting labor relations, building and maintaining a labor system that adapts to the socialist market economy, promoting economic development and social progress, are the "ways" that "gentlemen" cannot abandon.

2. From a micro perspective, it is the combination and unity of various labor relations and legal elements.

It requires that the rules and regulations of the enterprise, as well as the culture of the enterprise, should be a system that allows for the existence and development of individual personalities of workers, fully tapping into their personal potential, and promoting the vitality and vitality of the enterprise; Instead of emphasizing discipline and consistency, it is a corporate culture and regulations that stifle the individuality and enthusiasm of workers. It is a harmonious labor relationship that integrates various elements of labor relations, allowing managers and workers, or labor and management, to fulfill their respective responsibilities while also contributing to the development of the enterprise. It is a labor relationship that is harmonious but different from real life.

In summary, labor legislation should add flexible provisions and reduce rigid provisions. Labor law should be a flexible law that allows for the existence of different labor relationship models, so as to be in line with the modern legislative trend internationally.

（2） The values of "Dao" and "righteousness" as the first priority, and the unity of righteousness and benefit, as well as interpersonal relationships, are the essential content of the "gentleman" type of labor relations and legal system

A gentleman is compared to righteousness, while a petty person is compared to profit. This is the values and interpersonal relationship concept of a "gentleman" type of labor relationship, which includes the following layers of meaning.

1. The values of righteousness and benefit are based on the principle of "non benevolence and righteousness cannot make a living" and "dual existence of righteousness and benefit".

There is a saying in "Huainanzi": "A gentleman cannot be born without benevolence and righteousness. Without benevolence and righteousness, he will lose his reason for being born." Adhering to benevolence and righteousness, "non benevolence and righteousness cannot be born" is the cornerstone of the "gentleman" type of labor relations and legal system construction. At the same time, the "gentleman" type of labor relations and their legal system are not oligarchic, but advocate for the unity of righteousness and benefit. "Justice and profit are two things that a person has, although Yao and Shun could not satisfy the people's desires for profit." (Xunzi)

2. The values of virtue and talent are "virtue, handsomeness, talent, and talent", which embody both virtue and talent.

Sima Guang said in his "Zizhi Tongjian": "A wise and resolute person is called a talented person, and a just and balanced person is called a virtuous person. A talented person is the capital of virtue; a virtuous person is the commander of talent... Virtue surpasses talent is called a gentleman, and talent surpasses virtue is called a petty person."

3. The interpersonal relationship concept of "harmony with righteousness", "non morality", and "displeasure".

A gentleman talks about unity, not collusion. According to Wang Yinzhi's "Jing Yi Shu Wen", "Those who combine righteousness are Zhou; those who combine benefit are Bi." This is the interpersonal relationship connotation of the "gentleman" type of labor relationship. Firstly, for any party in labor relations, it should be strict with oneself and lenient towards others. "A gentleman seeks all of oneself, while a petty person seeks all of others." Secondly, the relationship between people should be dignified without competing for wealth and benefits, and harmonious without forming cliques for personal gain. "A gentleman is reserved but does not argue, and a group does not join the party." After * * *, "a gentleman" is the only person who is talented. Confucius said, "A gentleman is easy to do but difficult to say (pleased). When he says (pleased), he does not use the Tao, he does not say (pleased); when he uses people, he uses tools. When a petty person is difficult to do, he is easy to say (pleased). When he says (pleased), he does not use the Tao, he says (pleased); when he uses people, he seeks (pleased)." A gentleman should adhere to principles ("Tao"), and hire people according to their abilities, rather than blaming them for everything.

Looking at the current labor laws, regulations, and even labor laws and policies in China, there are very few regulations on corporate culture construction, as well as regulations on the moral and talent connotations of labor relations and interpersonal relationships, which clearly have serious shortcomings. Building a "gentleman" type of labor relationship and establishing corresponding legal systems require us to demonstrate the spirit of combining morality and talent through labor legislation and policies. The author advocates the return of the essence of ancient law, that is, to attach importance to the mutual penetration of law and morality in content, to transform mature moral obligations into legal obligations as far as possible, and to give play to the guiding role of law in moral construction in the field of labor relations in combination with the flexible characteristics of law.

（3） "Wen Zhi Bin Bin" is the essential requirement and manifestation of the "gentleman" type of labor relations and legal system

Confucius said, "When quality surpasses literature, it leads to wildness, and when literature surpasses quality, it leads to history. When literature is refined and refined, it leads to a gentleman." "Literature" and "quality" are a pair of philosophical concepts first proposed by Confucius, which are the same as the phenomena and essence, form and content that we talk about today. On a macro level, establishing a "gentleman" type of labor relationship and constructing a "gentleman" type of labor relationship legal system, labor legislation should reflect the actual level of social and economic development, adhere to the unity of form and content, and avoid excessive and excessive. From a micro perspective, the rules and regulations of a company should be in line with its actual state. Otherwise, it not only hinders the harmony and stability of labor relations, but also disrupts the normal order of the company.

（4） "Striving for self-improvement" and "carrying virtue" are the vitality of the "gentleman" type of labor relations and legal system

The concepts of "self-improvement and self-improvement" and "carrying virtue with substance" reveal the trajectory and driving force of the development and changes of "gentleman" type labor relations.

1. A gentleman should respect the heavens and strive for self-improvement.

The hexagrams of "Yi Zhuan" and "Qian" have a saying: "Heavenly conduct is healthy; gentlemen strive for self-improvement." It indicates that the improvement of human morality requires, on the one hand, an experiential imitation object (heavenly conduct); On the other hand, it requires a rational level of subjective consciousness; At the same time, it is necessary to continuously internalize the character power of the "object" (heaven) in moral practice, enrich the content of subjective consciousness, and enrich oneself in the integration of the two, so as to become the main source of showcasing the charm of human character. It reflects a correct understanding of the essence and laws of nature. When applied to the construction of harmonious labor relations and corresponding legal systems, it also includes two levels of significance. Firstly, from a macro social perspective, it requires us to always pay attention to the construction of our legal system, reflect the actual social and economic laws, continuously improve the legal system, and achieve consistency, integration, and unity between the legal system as an important component of the superstructure and the economic foundation. Secondly, from the micro perspective of the construction of enterprise labor relations, the construction of enterprise rules and regulations should be a dynamic system that can not only reflect the actual situation of social development in a timely manner, but also reflect the unique characteristics of the enterprise, and can adjust and correct itself in a timely manner.

2. The concept of "carrying things with virtue" is the vitality of the development of "gentleman" type labor relations and legal systems.

It embodies a quality of being broad, accommodating, generous, and resilient. The quality of being a "gentleman" with "virtue and carrying things" is crucial for harmonious labor relations that are suitable for the characteristics of the times. The protection of rights and social harmony is a contradictory unity. The concept of rights and the system of rights protection bring individual liberation and protection for the exercise and enjoyment of individual rights, but also bring many disputes. Therefore, the construction of a "gentleman" type labor relationship and legal system that includes various rights, resolves conflicts, and harmonizes and coexists is a requirement of the development of the times. Individual abandonment or transfer of partial rights in exchange for the overall harmony of the community is the value pursuit of traditional Chinese society and the main path to building a stable social order. We should not only strengthen the legislative protection of individual rights, but also attach importance to the promoting function of the rights system and the concept of * * * in promoting harmony. Firstly, while protecting the rights of vulnerable groups and individuals, labor legislation should not forget that the subject of rights not only refers to individual natural persons and workers, but also to enterprises, social organizations, and government agencies. Secondly, no right exists in isolation, it inevitably comes with related obligations and responsibilities. We should fully pay attention to and grasp the systematic nature of rights, obligations, and responsibilities. Thirdly, a certain type of right of a specific subject is inevitably in a state of coexistence with similar rights of other subjects, and the status of each subject is equal. At the same time, the existence of one category of rights cannot be a legitimate and reasonable reason to deny the existence of other types of rights. In short, in the construction of harmonious labor relations and their legal system, we must fully promote the ideas of harmony, coexistence, tolerance, humility, and compromise, and truly build a "gentleman" type of labor relationship that is broad, tolerant, honest, and accommodating, with softness and strength.

In summary, creating a "gentleman" type of labor relationship, constructing a "gentleman" type of labor legal system, integrating the different interests and needs of various rights subjects, resolving the contradictions of various rights subjects, making various different rights subjects coexist, constructing and developing harmonious and stable labor relationships, and building a harmonious society is no longer a difficult task.