四、依法保障劳动者的基本权利
IV. Labor Rights Protection文章源自英文巴士-https://www.en84.com/9779.html
文章源自英文巴士-https://www.en84.com/9779.html
尊重公民的劳动权利，维护劳动者合法权益，实现体面劳动，是中国政府一贯坚持的理念和目标。新疆严格遵循《中华人民共和国宪法》《中华人民共和国劳动法》《中华人民共和国劳动合同法》《中华人民共和国就业促进法》《中华人民共和国社会保险法》《中华人民共和国妇女权益保障法》《中华人民共和国残疾人保障法》等法律法规精神，结合本地区实际，制定实施《新疆维吾尔自治区实施〈中华人民共和国就业促进法〉办法》《新疆维吾尔自治区实施〈劳动保障监察条例〉办法》《新疆维吾尔自治区职工劳动权益保障条例》《新疆维吾尔自治区实施〈中华人民共和国妇女权益保障法〉办法》《新疆维吾尔自治区实施〈中华人民共和国残疾人保障法〉办法》等地方性法规规章，为公民平等享有劳动就业权利提供了坚实法治保障。文章源自英文巴士-https://www.en84.com/9779.html
文章源自英文巴士-https://www.en84.com/9779.html
The Chinese government is committed to respecting citizens’ right to work, safeguarding their legitimate labor rights and interests, and ensuring them a decent job. Strictly following the above principles as embodied in the Constitution of the People’s Republic of China and relevant national laws, including the Labor Law, Labor Contract Law, Employment Promotion Law, Social Insurance Law, Law on the Protection of Women’s Rights and Interests, and Law on the Protection of Persons with Disabilities, Xinjiang has formulated and implemented a series of autonomous regional regulations based on local conditions, including measures for implementing the national Employment Promotion Law, Regulations on Labor and Social Security Supervision, Law on the Protection of Women’s Rights and Interests, and Law on the Protection of Persons with Disabilities, as well as the Regulations of the Xinjiang Uygur Autonomous Region on the Protection of Labor Rights and Interests. These laws and regulations provide a solid legal guarantee for citizens in Xinjiang to enjoy equal rights to work.文章源自英文巴士-https://www.en84.com/9779.html
文章源自英文巴士-https://www.en84.com/9779.html
切实保障劳动者平等就业权利。遵照平等保护公民权利的法治原则，确保劳动者不因民族、地域、性别、宗教信仰不同而受歧视，也不因城乡、行业、身份等而受限制。在保障妇女平等就业权利方面，新疆努力消除阻碍妇女平等就业的壁垒，制定实施扶持妇女自主创业政策。2019年，城镇新增就业48.09万人，其中，妇女22.81万人，占比47.43%。在保障残疾人劳动权利方面，不断加大职业技能培训力度，大力发展集中就业、辅助性就业、公益性岗位就业，积极推动残疾人按比例就业，鼓励支持残疾人通过个体就业、自主创业、灵活就业等多种形式就业。截至2019年底，全疆残疾人就业18.37万人，占就业年龄段有劳动能力残疾人总数的59.37%。文章源自英文巴士-https://www.en84.com/9779.html
文章源自英文巴士-https://www.en84.com/9779.html
Guaranteeing workers’ equal right to employment. In accordance with the principle of equal protection of civil rights, Xinjiang ensures that there is no discrimination against workers on the basis of ethnicity, region, gender, and religious belief, and that no individuals’ rights are restricted because of their urban or rural status, profession or position. In ensuring women’s rights, Xinjiang strives to remove barriers to employment and formulates policies to support women in starting their own businesses. In 2019, 480,900 new jobs were created in cities and towns; 228,100 of these were for women, accounting for 47 percent of the total. To protect the labor rights of persons with disabilities, Xinjiang puts in more efforts on their vocational training, promotes their employment at public welfare enterprises and institutions, offers them flexible and less demanding jobs and public service positions, and advances their proportional employment. It also supports them in finding work through self-employment, starting new businesses or other flexible ways of employment. By the end of 2019, 183,700 of them were employed – almost 60 percent of the total workforce of persons with disabilities in Xinjiang.文章源自英文巴士-https://www.en84.com/9779.html
文章源自英文巴士-https://www.en84.com/9779.html
切实保障劳动者获得报酬权利。全面落实国家关于建立企业职工工资正常增长机制的政策要求，完善企业工资指导线制度和劳动力市场工资指导价位制度。2014年至2019年，新疆每年制订并发布企业工资指导线。建立健全最低工资标准调整机制，最低工资标准由2013年的1520元/月，提高至2018年的1820元/月，增长19.74%，在全国处于较高水平。出台《新疆维吾尔自治区企业工资集体协商条例》等地方性法规，积极稳妥推进工资集体协商，并不断扩大覆盖面。健全工资支付保障制度，依法惩处拒不支付劳动报酬等违法犯罪行为，保障劳动者按时足额获得工资报酬。
Guaranteeing workers’ right to remuneration. Xinjiang fully applies the country’s policy requirements on establishing a dynamic salary growth mechanism for enterprise employees, and improves the salary guidance systems for enterprises and for the labor market respectively. Each year from 2014 to 2019, it released a salary growth guideline for enterprises. It established and improved the minimum salary adjustment mechanism, raising the minimum salary by almost 20 percent from RMB1,520 per month in 2013 to RMB1,820 per month in 2018, which was at a high level in the country. Xinjiang has issued the Regulations of Xinjiang Uygur Autonomous Region on Collective Salary Negotiation of Enterprises and other regulations to promote and steadily expand the coverage of collective salary negotiation. The local government has also improved the system for guaranteeing salary payments. It punishes illegal and criminal acts of withholding labor remuneration, and thus ensures that workers receive their salaries in full and on time.
切实保障劳动者休息休假权和职业安全权。严格贯彻落实国家有关规定，实行劳动者每日工作8小时、每周工作40小时的工时制度。用人单位因生产经营需要延长工作时间，必须依法与工会和劳动者协商，并安排补休或支付相应报酬。保障劳动者依法享有春节、肉孜节、古尔邦节等法定节假日和休息日的休息权利。严格执行国家职业安全卫生规程和标准，健全安全生产和职业病防治责任体系，不断强化安全生产、职业病预防主体责任，开展劳动安全和职业健康执法检查，最大限度预防和减少各类生产安全事故发生，从根本上控制和消除职业病危害因素。
Guaranteeing workers’ right to rest and leisure and to occupational safety. Xinjiang strictly applies relevant state regulations and adopts the system of the eight-hour workday and 40-hour workweek. If an employer wishes to extend working hours for operational reasons, it must consult with the trade union and the employees in accordance with the law, and arrange for compensation in the form of additional time off or remuneration. Workers are guaranteed the right to time off on weekends and statutory holidays including the Spring Festival, Roza Festival (Eid al-Fitr) and Corban Festival (Eid al-Adha). Xinjiang also strictly applies the national occupational safety and health regulations and standards, consistently improves the responsibility system for workplace safety and occupational disease prevention, and carries out inspections over occupational health law enforcement. As a result, the autonomous region has succeeded in preventing or reducing to a minimum all kinds of workplace safety incidents, and established fundamental control over or eliminated occupational disease hazards.
切实保障劳动者参加社会保险的权利。全面实施全民参保计划，积极推动和引导中小微企业职工和进城务工人员、灵活就业人员、新业态就业人员等重点群体参加社会保险，努力实现应保尽保。截至2019年底，新疆基本养老、失业、工伤三项社会保险参保2213.33万人次。同时，各级劳动保障监察机构持续加大执法力度，及时受理对违反劳动保障法律、法规、规章行为的举报、投诉，依法纠正和查处用人单位不参加社会保险、不缴纳社会保险费等违法行为，切实维护广大劳动者合法权益。
Guaranteeing workers’ right to participate in social insurance. Xinjiang has fully implemented the national plan to ensure that everyone has access to social security and all those in need are covered. Workers in micro, small and medium-sized enterprises, and key groups including migrant workers, the self-employed, and people engaged in new forms of business are encouraged to participate in social insurance. By the end of 2019, more than 22 million people were participating in basic pension, unemployment, and work-related injury insurance. Labor and social security supervision bodies at all levels continue to step up law enforcement, address reports and complaints about violations of relevant laws, regulations, and rules in a timely manner, and investigate and correct in accordance with the law illegal acts where employers fail to register for or contribute to social insurance, resolutely safeguarding the legitimate rights and interests of workers.
切实保障劳动者宗教信仰自由和使用本民族语言文字等权利。严格执行《中华人民共和国宪法》《中华人民共和国民族区域自治法》《中华人民共和国国家通用语言文字法》《宗教事务条例》等法律法规。充分尊重和保障各族劳动者宗教信仰自由权利，任何组织和个人不得干涉。在依法推广国家通用语言文字的同时，充分尊重和保障少数民族劳动者使用本民族语言文字的权利，劳动者可以自主选择使用何种语言文字进行交流。充分尊重各族劳动者风俗习惯，创造良好的工作和生活环境。克孜勒苏柯尔克孜自治州乌恰县的托克哈利·吐尔汗巴依是有清真饮食习惯的新疆籍少数民族，也是一位信教群众，现在广东一家制鞋厂工作。他曾担心饮食不习惯、没地方做礼拜，但工作后发现，工厂的生活环境很舒适、清真餐饮很可口，休息时间逛街购物，与家人视频聊天，还可以到附近清真寺参加宗教活动，于是很快适应了新环境。
Guaranteeing workers’ freedom of religious belief and the right to use their own spoken and written languages. Xinjiang strictly applies the Constitution and relevant national laws and regulations, including the Law on Regional Ethnic Autonomy, the Law on the Standard Spoken and Written Chinese Language, and the Regulations on Religious Affairs. The local government fully respects and guarantees the right of workers of all ethnic groups to freedom of religious belief, and ensures that no organization or individual interferes with this freedom. While promoting standard spoken and written Chinese in accordance with the law, Xinjiang fully respects and protects the rights of ethnic minority workers to use their own spoken and written languages, and ensures that workers can choose which languages to use for communication. The customs of workers of all ethnic groups are fully respected and guaranteed and efforts are made to create a good working and living environment for them. Tokhali Turhanbay from Wuqia (Ulughchat) County, Kizilsu Kirgiz Autonomous Prefecture, now works in a shoe factory in Guangdong Province. He belongs to an ethnic minority and is a religious believer who follows halal diet. Before going to work at the factory, he was concerned that he would have difficulty maintaining his eating practices, and that there would be no place to worship. But when he arrived, he found that the living environment in the factory was comfortable, and the halal food was excellent. He also found that it was convenient to go shopping and video chat with his family during his spare time, and he was able to attend religious activities at a nearby mosque. Therefore, he quickly adapted to the new environment.
切实加强劳动者权益保障和救济机制。全面推行劳动合同制度，明确用人单位和劳动者权利义务。健全政府、工会和企业组织代表协商劳动关系三方机制，研究解决劳动关系领域重大问题，积极构建和谐劳动关系。注重发挥工会在维护职工合法权益方面的作用。切实加强劳动保障监察和劳动争议调解仲裁，及时妥善处理劳动争议。对违反劳动保障法律法规的突出问题进行集中整治，对重大违法案件进行专项督办，有效保障劳动者在职业介绍、劳动合同、工作时间、休息休假、工资支付、社会保险、特殊劳动保护等方面的合法权益。
Protecting workers’ rights and interests and strengthening the relief mechanism. Xinjiang fully implements the labor contract system, which clarifies the rights and obligations of employers and workers. The autonomous region keeps improving the tripartite mechanism of consultation among representatives of the government, trade unions, and business organizations, investigates and solves major problems involving labor relations, and seeks to build harmony in the workplace. Xinjiang also encourages trade unions to play an active role in safeguarding the legitimate rights and interests of workers. It reinforces labor and social security supervision as well as mediation and arbitration of labor disputes, and handles labor disputes in a timely and appropriate manner. It has taken targeted actions to rectify major violations of labor laws and regulations, and carried out special supervision over the handling of major cases. As a result, it is able to effectively protect the legitimate rights and interests of workers concerning job intermediation, labor contracts, working hours, time off and leave, salary payment, social insurance, and special labor protection.
