Do employees in private enterprises have democratic management rights under the conditions of market economy?

Private enterprises are private enterprises. It is a new economic organization gradually formed after China's reform and opening up, and it is an important part of the socialist market economy. Employees in private enterprises are also part of the working class in China, masters of the country and society, builders of the country and society, and creators of social wealth and harmonious society. Equal enjoyment of democratic rights and legitimate rights and interests endowed by laws and regulations, the right to manage and supervise their own labor rights and interests, the right to participate in the production, operation and development management of enterprises, and the right to manage enterprises democratically.

First, the legal basis and basis for the democratic management of employees in private enterprises

The Constitution stipulates that "the people manage state affairs, economic and cultural undertakings and social affairs through various channels and forms in accordance with the law".

The newly revised Trade Union Law clearly stipulates: "Trade unions shall organize employees to participate in democratic decision-making, democratic management and democratic supervision of their own units through employee (representative) meetings or other forms." "The trade union committees of enterprises and institutions other than public-owned enterprises and institutions shall organize employees to participate in the democratic management of enterprises and institutions in a form suitable for them."

The Labor Law stipulates: "Laborers should participate in democratic management or hold equal consultations with employers on safeguarding the legitimate rights and interests of workers through workers' congresses, workers' congresses or other forms".

"Company Law" stipulates: "When studying and deciding the company's salary, welfare, safety production, labor protection, labor insurance and other issues, the company should listen to the opinions of the company's trade unions and employees in advance." . Here, listening to the opinions of trade unions and workers is by no means arbitrary, and there should be a certain form. This basic "form" should be the workers' congress. China's "Enterprise Law" and "Labor Law" have clear provisions on this. The Party Central Committee also has clear requirements for democratic management of private enterprises. The report of the 17th National Congress of the Communist Party of China clearly pointed out: "Rely on the working class wholeheartedly, improve the democratic management system of enterprises and institutions with workers' representatives as the basic form, promote the openness of factory affairs, support workers' participation in management, and safeguard their legitimate rights and interests". In a word, Constitution, Labor Law, Company Law, Trade Union Law and Enterprise Law are the legal basis of democratic management of employees in private enterprises. In other words, the democratic management of employees in private enterprises has a legal basis.

Second, the significance of democratic management of employees in private enterprises

The implementation of democratic management of employees in private enterprises is not only the implementation of the Party's reliance policy and the spirit of the 17th National Congress of the Communist Party of China, but also the exercise of democratic rights by employees according to laws and regulations. Democratic management of employees in private enterprises is to strengthen the communication between the Party and the employees in private enterprises and consolidate the mass foundation of the Party's scientific, democratic and legal governance under the new situation. It is a concrete manifestation of expanding people's democracy and ensuring that the people are masters of their own affairs; It is to expand socialist democracy, better protect people's rights and interests, and further realize social fairness and justice; It is an important way to develop grass-roots democracy and ensure that people enjoy more and more practical democratic rights.

Although the development history of non-public enterprises with private enterprises as the main form in China is not long, it is an important economic component under the condition of adhering to and improving the basic economic system with public ownership as the main body and multiple ownership economies developing together, accounting for a considerable proportion of the national GDP and playing an important role, and is an important part of the national economic development. Employees of private enterprises are the masters of the country. They are part of the working class in China. Their status as masters of the country and their democratic rights to participate in enterprise management must be respected and protected according to law, and their legitimate rights and interests cannot be infringed. At the same time, in order to maximize the economic benefits of enterprises, private enterprises must also conform to the objective requirements of the development of productive forces, establish a modern enterprise management system, implement democratic management for employees in private enterprises according to law, fully mobilize the enthusiasm and creativity of employees, effectively coordinate labor relations between the two sides, and realize a good atmosphere for both employers and employees to seek common development of enterprises. The democratic management of employees in private enterprises is also an effort to build a harmonious enterprise and a harmonious society.

(A) the implementation of democratic management of employees in private enterprises is the basis for implementing the Party's policy of relying on.

In private enterprises, it is a concrete manifestation of continuously strengthening the class foundation of the party to implement the democratic management of employees, realize and safeguard their democratic rights and economic interests, and then mobilize and guide their enthusiasm and creative spirit, and give full play to their role as the main force in promoting the development of the non-public economy dominated by the private economy. The necessary place to effectively expand the party's mass base and the inevitable requirement to consolidate the party's ruling position. Therefore, democratic management of employees in private enterprises is the basis for carrying out and implementing the party's policy of relying on the working class wholeheartedly.

(two) the implementation of democratic management of employees in private enterprises is a concrete manifestation of conscientiously implementing the spirit of the 17th National Congress of the Communist Party of China.

The 17th National Congress of the Communist Party of China pointed out: "The people are the masters of the country, which is the essence and core of socialist democratic politics. It is necessary to improve the democratic system, enrich democratic forms, broaden democratic channels, implement democratic elections, democratic decision-making, democratic management and democratic supervision according to law, and protect the people's right to know, participate, express and supervise. " "Rely on the working class wholeheartedly, improve the democratic management system of enterprises and institutions with the workers' congress as the basic form, promote the openness of factory affairs, support employees to participate in management, and safeguard the legitimate rights and interests of employees." "The people directly exercise their democratic rights according to law, manage grass-roots public affairs and public welfare undertakings, implement self-management, self-service, self-education and self-supervision, and exercise democratic supervision over cadres, which is the most effective and extensive way for the people to be masters of their own affairs, and must be promoted as the basic project for developing socialist democratic politics. "The process of democratic management of employees in private enterprises is essentially a process of developing grassroots democracy and ensuring people to enjoy more and more practical democratic rights. Therefore, the implementation of democratic management of employees in private enterprises is to conscientiously implement and implement the spirit of the 17th Party Congress.

(C) the implementation of democratic management of employees in private enterprises is an inevitable requirement for establishing and improving the modern enterprise management system.

Over the past 20 years of reform and opening up, non-public enterprises, mainly private enterprises, have risen rapidly in China. Compared with developed countries, China's non-public economy has a short history, small scale and backward technology. Most of these non-public enterprises are family businesses in nature. They adopt pure family management, implement the selection method and management method of meritocracy and affection, and lead to the situation of making decisions at will and managing enterprises with emotion because of the blood relationship of family members. The highest decision of an enterprise is personal monopoly. Due to the lack of cultural knowledge and low management level, many business owners often make mistakes in decision-making and slow down the development of enterprises. When a small number of private enterprises develop to the point where they need to absorb a large amount of capital to expand their scale and improve their technology, although the monopoly of family members has been broken in the property right structure, they still have not got out of the shackles of family system in business philosophy and management mechanism, and the development of enterprises is only difficult. The phenomenon of "not being rich for three generations" is particularly prominent in the development of family businesses in China. In order to develop, these enterprises must improve or get rid of family management, establish and improve modern enterprise management mechanism, and gradually change to modern enterprise management mode on the basis of strengthening professional management of enterprise capital composition, distribution mode, cost structure and resource allocation. Private enterprises implement democratic management of employees, improve their awareness and ability of democratic participation, management and supervision, and establish a modern enterprise management mechanism with scientific management, management system and standardized management. Develop into a democratic, standardized and scientific management system, absorb the wisdom and information feedback of the employees of the enterprise, and reduce decision-making mistakes. Earnestly explore the enthusiasm, initiative and creativity of employees, so that every employee can work hard actively, take the enterprise goal as his own responsibility, do his best, gather strength, make suggestions and contribute wisdom. Through the democratic management of employees, employees' participation in business decision-making, rationalization suggestions and technological innovation is regarded as an inexhaustible motive force for the healthy development of enterprises. Therefore, democratic management of employees in private enterprises is an inevitable requirement for establishing and perfecting modern enterprise management system.

Three, private enterprises to implement the contents of democratic management of workers

The characteristics of private enterprises determine that the democratic management of employees must take safeguarding the legitimate rights and interests of employees as the core, coordinating labor relations as the basis, ensuring employees' right to know, participate, express and supervise as the basic content, and taking the workers' congress as the basic form, with the goal of promoting the healthy development of enterprises, mobilizing and giving full play to employees' enthusiasm and creativity, promoting the development of private economy and maintaining national political stability.

(a) to safeguard the legitimate rights and interests of workers and enterprises.

In the non-public enterprises with private enterprises as the main form, the broad masses of workers are the creators of wealth and the beneficiaries of social wealth. This shows that both employees and business owners have their own rights and obligations for business management and production development. However, due to the differences in traditional concepts, management concepts, location and other factors, employees in enterprises are often in a weak position, and the most basic legitimate rights and interests such as economic interests and democratic rights are violated, which is extremely contrary to China's social system and the status of the working class as masters. The effective way to solve this problem is to implement democratic management of employees, closely combine democratic management of employees with safeguarding their legitimate rights and interests, ensure their democratic rights to participate in enterprise management, safeguard their economic interests and personal dignity, and realize the combination of promoting enterprise development and safeguarding their legitimate rights and interests. Of course, the rights of enterprises should also be safeguarded by everyone. If the rights of enterprises cannot be safeguarded by everyone, how can we talk about safeguarding the legitimate rights and interests of enterprise employees? This is especially true for private enterprises. As the saying goes, "it's good to enjoy the cool under the big tree" and "there's nothing in the pot?" Where is it in the bowl? ""If the skin doesn't exist, what about the hair? ".Therefore, only employees contribute to the enterprise, the enterprise can shelter it from the wind and rain, and the rights and interests of employees and enterprises can be safeguarded.

(two) to improve the level and quality of democratic management of workers.

The report of the 17th National Congress of the Communist Party of China clearly pointed out that "the people directly exercise their democratic rights in accordance with the law, manage grass-roots public affairs and public welfare undertakings, and cadres' self-management, self-service, self-education, self-supervision and democratic supervision are the most effective and extensive ways for the people to be masters of their own affairs, which must be promoted as the basic project of developing socialist democratic politics." Comrade Deng Xiaoping also pointed out: "In order to realize the four modernizations, all our enterprises must implement democratic management without exception, and combine centralized leadership with democratic management of employees. Major issues of enterprises must be discussed at the workers' congress. ".At present, most employees in private enterprises have low knowledge level and poor management ability, so they can't participate in the democratic management and decision-making of enterprises, let alone make scientific decisions. His concept of labor is only to obtain labor remuneration, and his democratic consciousness is extremely weak. He is indifferent to the survival and development of the enterprise, thinking that it has nothing to do with himself and is suspected of having nothing to do with himself. When their legitimate rights and interests are infringed, they cannot be safeguarded according to law, and when the rights and interests of enterprises are endangered, they cannot come forward. Often appear as "wage earners" rather than "owners". Therefore, in private enterprises, it is necessary to popularize the basic knowledge of democratic management, strengthen the restraint of democratic management system, arouse employees' awareness of self-maintenance, enhance their self-maintenance ability, improve their level of democratic participation, educate and form the ideas of "prospering and humiliating the factory" and "trying to find a job tomorrow if you don't work hard today", strengthen their own learning, and become high-quality employees and high-level employees of modern enterprise management system.

(C) to coordinate the harmonious labor relations of enterprises

Non-public enterprises with private enterprises as the main form have gradually developed since the reform and opening up, and have only experienced more than 20 years of development. Compared with other developed countries, it is far from management. At present, most non-public enterprises in China are small in scale and irregular in management, with poor management level and democratic awareness of business owners, weak awareness of safeguarding the legitimate rights and interests of employees and weak trade union strength. Some private enterprises have not even established trade unions, which leads to poor democratic management and channels of enterprises, and sometimes the most basic legitimate rights and interests of workers are not guaranteed, which leads to fierce labor conflicts, tense labor relations and frequent group labor disputes, which seriously affects social stability and society. Therefore, it is urgent to implement the democratic management of employees in private enterprises, guarantee and safeguard the democratic rights of employees, encourage employees' extensive democratic participation, democratic decision-making and democratic supervision through equal consultation and evaluation of labor contracts between employers and employees, alleviate the contradictions between employers and employees, resolve potential crises and conflicts, and finally achieve mutual benefit and win-win between employers and employees by establishing stable, harmonious and coordinated labor relations.

(D) * * * for the sound and rapid development of enterprises

Employees in private enterprises should safeguard their legitimate rights and interests in accordance with the law, and at the same time safeguard the interests of enterprises, so that enterprises can develop well and quickly. Because enterprises are the basis for employees to survive. Employees working in private enterprises should think more about the enterprise, actively participate in the democratic management and scientific decision-making of the enterprise, give ideas and find ways for the enterprise, do every link and detail of the work well, do a good job in product quality, and establish a sense of overall situation and ownership. Of course, owners should also respect the democratic rights of employees, implement the economic benefits that employees deserve, fully mobilize and tap the enthusiasm and creativity of employees, create ideas that both sides care about the development of enterprises, and produce great efficiency that is conducive to the sustained, rapid and healthy development of enterprises. This will reduce the risk for the development of enterprises, enhance the reliability of maximizing the interests of enterprises, and employees will also get high returns, high returns and high returns in the prosperity of enterprises. The prosperity of the enterprise will also solve the worries of employees, who will regard the enterprise as their home, thus making democratic management the common demand of business owners and employees, and seeking the sound and rapid development of the enterprise has become the common goal of employees and enterprises.