Countermeasures For China To Deal With International Labor Standards

Harmonious labor relations can maintain business stability and bring economic benefits. Safeguard the interest of workers is needed for decent work, which is the key to our economic and social development. Throughout the construction of China’s labor law in recent years, we have made great achievements, but the domestic mass labor disputes are on the rise, which reflects certain problems of Labor Standards Law and collective negotiation system. With the internationalization of labor issues, labor standards developed by the ILO have become more widely recognized by the international community. Observing the status quo and problems of China’s labor laws by standing in the vision of international labor standards is not only a reference to labor legislation but also the need to participate in international competition. Looking at the international community, international core labor standards play an increasingly important role in the field of international trade. International labor standards frequently appear not only in the field of WTO multilateral trade, but also in the bilateral and regional free trade agreements, which will have a significant impact on China’s future economic and trade situation. If the law of a country does not conform to certain agreement, it will become barriers to international trade, China needs to move closer to internationally accepted standards. At present, the domestic reforms and international cooperation environment is conducive for China to response to international labor standards and adjust labor law system accordingly. In short, China needs to actively explore a way for domestic stability, international development and Labor standards suited to China’s national conditions,which is not just about the unification of "individual dream" and "Chinese dream", about China’s competitive advantage in international trade activities, but also about China’s international status in the world.This thesis is divided into four chapters:Chapter one discusses our current labor issues in terms of mass labor dispute phenomenon. Section one defines the concept of mass labor dispute, and then summarizes the data and cases of recent years, confirming the conclusion of the growing trend of mass labor dispute and proposing the legal disputes of clarity of Labor Standards Law and operability of collective consultation system; Expanding from three angles, section two respectively elaborates the legal status of labor Standards Law, collective negotiation system and the ratification and implementation of international conventions.Chapter two investigates problems in clarity of Labor Standards Law and operability of collective consultation system. Section one specifically analyses Labor Standards Law issues from angles of the foundation, the effectiveness of private law, specific content and conception; Section two summarizes collective consultation system issues from perspectives of the legal protection of the collective negotiation right, lack of specificity in collective contracts and inadequate supervision of collective negotiation.Chapter three combines mainly combines with the perspective of international trade and real demand to grasp the cause to move closer to of international labor standards. Section one confirms the development trend of increasingly close relationship between international labor standards and international trade and its impact on China from their relationships; Section two demonstrates the need to move closer to international labor standards from factual angle of the external pressure and internal develop requirements.Chapter four analyses the environment to respond to international labor standards and proposes a solution based on the aforementioned problems at home and abroad. Section one elaborates the efforts of our inland legal construction and international regional cooperation; Section two provides countermeasures to response to international labor standards confirmed to China from the international level, and launches specific legal command through a model of Shanghai FTA as a pilot; What’s more, it proposes countermeasures to the clarity of Labor Standards Law and operability of collective consultation system from the national level.