The Perfection Of China's Collective Bargaining Legal System

Collective bargaining refers to the consulting activity conducted by the employees and employers on such issues as recompense, working time, rests and holidays etc. And the final consensus reached by the parties will be recorded in the collective labor contract. Collective bargaining plays a vital role in solving the dispute of employees and employers and guarantying the basic rights of the employees and has a world-wide use.When enacted in 1994, China's Labor Law has put forward the concept of collective bargaining. Though the spread of collective bargaining in our country has been years, the dislocation in the solving of employees and employers'disputes and the formalized conduct of collective bargaining indicate that the efficiency of China's collective bargaining has not reached the expecting level. Reviewing China's collective bargaining stipulation, it is obvious there exists certain legal barriers preventing the collective bargaining legal system from functioning properly, such barrier including the vacant of high level stipulations in this area, the lack of independence of bargaining parties, the vagueness in the rights and duties of the bargaining parties and the absence of disputes settlement mechanism.Under the circumstances, this thesis paper takes a close eye on the current legal system of collective bargaining and focus on how to build an everlasting one. It has analyzed the single stages of collective bargaining, which include the bargain raising stage, the bargain unfolding stage and the founding stage of collective labor contract. During the analysis, foreign legal practices have been adopted to provide the train of thought to the China's design of collective bargaining procedures. In the mean time, this paper has also discussed the supplement system in the collective bargaining like the support of subsidiary measures, the restrain of the legal obligations in the collective bargaining and the set up of disputes settlement mechanism to improve China's collective bargaining legal system.