Research On The Collective Consultation And Safeguard Mechanism

Collective consultation is the core of the modern market economy, the nationallabor relations system, is an important way to resolve labor conflicts. Collectiveconsultation system is extremely important for coordinating labor relations andsafeguards the legitimate rights and interests of workers, promote economicdevelopment and social stability. Our labor legislation has been mainly concerned thespecification and adjustment of individual labor relations, the provisions on collectiveconsultation system only in principle. With the advancement of China’smarket-oriented reform, labor disputes has become one of the major social andeconomic contradictions, as the traditional core of the individual labor relations andadjustment labor relations practices cannot adapt to the new situation changes, whichindicates that China has entered the collective labor rights era. In order to build a moreperfect legal collective consultation and protect mechanism to strengthen workers’rights efforts to protect, it should start from the theory of collective negotiation, andhow to protect the collective consultation discussed in detail. Paper is divided into sixchapters; the basic contents are as follows:The first chapter is an introduction, mainly describes the research background, thestudy, research ideas and research methods, theoretical significance and practical valueof the entirety.The second chapter of the general theory of collective negotiation was described.Firstly, the article first comb relatively theoretic frame and make concept of collectivenegotiation, for the type of legal property, the legal characteristics and basic principleof collective negotiations and basic principles were devoted to lay a solid foundationfor the launch of the full text of the study. In particular, the collective consultationsystem replaced consultations between individual workers and employers throughcollective negotiations representative the unified negotiate working conditions, inorder to be granted the right to negotiate representative the working conditions of thedecision as a precondition. Therefore, not determined negotiation representatives negotiate between not particular majorities of workers, or besides negotiaterepresentatives the majority of workers to participate in the negotiation, so-called“public consultation” is cannot be considered collective negotiation. Secondly,respectively, in terms of the collective consultation’s form, procedure and resultparsing the structure of collective consultation, and discusses the theoretical basis ofcollective negotiations. Finally, it illustrate the relationship between collectivenegotiation and of any associated right. Noted that “labor rights " refers to the unitedright, collective bargaining, collective dispute right.Then, the united right is theprerequisite and basis for collective consultation rights, the "first act" of collectivenegotiation, while the collective dispute rights are ancillary rights of achievingcollective negotiation rights of the labor. Interpretation of the above questions has laida theoretical foundation for protecting the collective consultation system.The history and the reality of confusion of collective consultation system wereunder debated on chapter3. First of all, this chapter summarized the development ofcollective consultation system, change of foreign collective consultation systemevolution and its enlightenment of our system and its characteristics were discussed.It pointed out that there are three enlightenments in the collective consultation systemof foreign countries. One of them was the use of collective consultation system in theadjustment of labor relations is the general rule of market economy. Secondly, to dealwith the Labor-management disputes through collective consultation system wasasked to be done so. Thirdly, the authorities should be focus on to carry out the policyof Labor-management disputes by collective consultation. Especially pointed out, thespecial place of collective consultation system in China is to adopt a top-downapproach of promoting. The scope of implementation in enterprises; the governmentplays a leading role in the negotiation process etc. Then, analyzed the status ofimplementation of collective consultation system in china. Point out, the collectiveconsultation system in China is accompanied by the development process of thesocialist market economy continuously advancing. In1994China promulgated the"labor law" in the transition period of China’s overall to establish and perfect thesystem of collective consultation has laid a legal foundation, marking the collectiveconsultation system in China into a new stage of development. Then, discussed theconfusion about collective consultation system in China, mainly existed in deviation ofboth sides of labor conception; the level of legislation relating to collective negotiation was low, poor operability; collective contract content empty, collective negotiation ofthe lower level problem; government administrative supervision and lack ofcoordination effect.The fourth chapter discussed the strengthening problem of the trade unions incollective negotiation, which was the first part of collective consolation securitymechanism. This chapter firstly discussed the role of the union in negotiated collectivesystem, separately from the trade union organization level, the labor union in collectiveconsultation, development and change of the role of trade unions and other aspectsdiscussed. Secondly, the chapter discussed the qualifications acquirement of collectivenegotiation of the union: from the start on the way unions acknowledge, recognizeforeign legal union procedures, the qualification of the union collective bargaining andother aspects, and analyzes the eligibility of the collective negotiation of union. Thirdly,discusses the union’s representation and independence, on this basis, analyzes existingproblems of the union representative and independence. Then, for the connotation ofthe justice representative responsibility are discussed, and puts forward the solutionson the complaint of the justice representative responsibility.Chapter five discussed the problem of establishing the right to strike of twoprotecting mechanism of the collective consultation. This chapter started from twoaspects talked about in the article, collective negotiation and collective negotiationsecurity, and studied as a collective negotiation protection mechanism of the right tostrike legislation, legal guarantee and restriction including foreign legislation of rightto strike. Secondly, a review of the evolution of the basic history of the legislation ofstrike right. Pointing out the reality of the strike in our country. That led to atheoretically produce a chaotic situation, to cause some obstacles on to the study of thetheory of the strike. In practice, leading to some strikes, relevant departments cannotfind the law to be based, which was in passive; strike action became a spontaneousbehavior of labor and other issues, on this basis, analyzes the reasons of lack of theright to strike legislation. Finally, discussed the necessity of establishing the right tostrike in our country and feasibility of legislation to strike the legislation establishingthe right to strike, the system presents the basic idea of the right to strike legislation,including the idea of a constitutional level vision and legal aspects.Chapter six discussed the unfair labor practice remedy the problem of threecollective negotiation security mechanism. This chapter started from the review oflegislation and the legal basis of the unfair labor practices. Then criticized the types and the regulatory system of unfair labor practice legislation. Among them, mainlydiscusses the types of improper labor practices, namely the employer unfair laborpractices and union of improper labor practices. Improper labor practices employersinclude differential treatment, yellow-dog contract, refused to collective negotiation,control and interference in the trade unions. Regulation of improper labor practiceswere mainly administrative and judicial regulation. Finally, discussed how to perfectthe improper working behavior of legislation in our country, to promote the effectiveimplementation of the collective negotiation. In view of the current legislative objectof improper labor practices in our country, respectively from the improper laborpractices of legislation and regulation mode, strategy of regulatory agencies and otheraspects of the legislation mode of improper labor practices in china.