Research Into Collective Contract Effectiveness

Collective Agreement is also referred to as Collective agreement or CommunityEngagement. According to the Collective Agreements Recommendation of ILO,Collective Agreements means all agreements in writing regarding working conditionsand terms of employment concluded between an employer, a group of employers orone or more employers’ organizations, on the one hand, and one or morerepresentative workers’ organizations, or, in the absence of such organizations, therepresentatives of the workers duly elected and authorized by them in accordance withnational laws and regulations, on the other. It was first released in the UnitedKingdom. The Trade Union Act which was issued in1871made special provisions forthis issue. Due to the Collective Agreement brings adjustment and stabilisation for theindustrial relations and promotes the accord development between employers andemployees, many countries had adopted legislation about the Collective Agreement.Through the legislation of Collective Agreement, those capitalist countries began toadmit its legality and regulated the behavior of collective bargaining.In China, Collective Agreement also had developed. During the Nanjing NationalGovernment period, the legislative urged Shi Shangkuan to draft the CollectiveAgreement Act which was enacted in1930. After the founding of New China,Collective Agreement was prescribed in the common program of CPPCC,1949andTrade Union Law,1950. However, under the influence of planed economy, the role ofCollective Agreement in labor relations was changed. In1990’s, with the establishment of market economy, the boundaries between the labor and the capitalbecame increasingly clear while the problem became deeper, which provided therealistic basis for Collective Agreement’s renew. According to the development needsof collective agreement, we promulgated the Labor Law in1994. Labor Contract Lawhas a specialized chapter for Collective Agreement. These laws and regulationsoffered the legally protection for the development of Collective Agreement.It has been twenty years since the Labor Law was published. During the past twodecades, our Collective Agreement grows a lot. Now, the enterprise, industry andregional field were completely the coverage. Under the Collective Agreement’swidely covering, there is little disputation arising from Collective Agreement, whichreflects the failure of the Collective Agreement system. This article will start with thenature of Collective Agreement, describing the theories’ developments abroad,analyse the effectiveness of collective contract in China, establish the validity ofcollective contract system in China to deal with the failures in our collective contractsystem.There are four chapters in this paper. On the basis of the nature of collectiveagreement, we will organize national typical theories of collective agreement andevaluate them in the first chapter. In the second chapter, we will focus on thedeveloping process of the theory of collective agreement effectiveness. This chapter isdivided into the foreign enlightenment part and the Chinese evolution part. In the thirdchapter, we will introduce different theories of collective agreement effectiveness incurrent academic field, including double effectiveness theory, single effectivenesstheory and triple effectiveness theory. Based on the valuation of collective agreementtheory, I will show my personal understanding and try to build up the system ofcollective agreement effectiveness. Besides, we will answer the questions raised in theintroduction in the last chapter.