Perfect The Collective Negotiation System Of Our Country In Legal Way

For the relationship between workers and employers has three adjustment mode. In generally there are the "Labor Law", "Labor Contract Law" and other relevant laws and regulation for all labor relations. In middle view, adjust the collective labor contract on the concept of collective labor relations. On the basics adjust the labor contract on the employer and individual workers. In my opinion, only the collective labor contract enable workers to truly equal dialogue with employers. And perfect collective labor contract requires perfect the Collective Negotiation System. So it is imperative to perfect the Collective Negotiation System. But on the one hand, our country has plenty of labors. They are under huge pressure.So they believe they are in weak position and dare not to resist, because they are afraid of losing their jobs. On the other hand, the conditions of our country is special. China’s market economy is still in the process of continuous reform and development. So purely foreign lessons are not feasible for reference. Besides that the establishment of collective bargaining of our country is too late, and almost overnight. It lacks of labor conflicts brewing process and the workers awareness of rights is not strong. So the practice of collective bargaining is full of difficulties. To solve those problems,the writer firstly clarify the basic concepts, then analyze the existing dilemma and study the reasons underlying the system. Cited examples of collective negotiation from both sides and analyze them to explore improvement ways of our collective negotiation. The full text include the introduction, body, and conclusion, of whichthe body includes five parts, namely:Chapter one discusses the origins and theoretical foundation system of collective negotiation. Clear that the collective negotiation system in China is an exotic, and the Western collective bargaining system is not impossible to learn. Different translation is only due to geographical and cultural differences in emotion brought, and different people have different views on the definition of the system. Though there are many definition of it in legislation and theoretical, but there is no bias for the understanding of its subject and purpose. This system has a long history in the West, has gone through the ban period, the recognizing period and the development period. But in our country is relatively short-lived, however, since 1994, only21-year history. Finally the writer will explain the theoretical basis of collective consultation system- three labor rights, including the right to solidarity, collective bargaining and the right to collective action.The second chapter discusses the practical difficulties faced by our collective negotiation,and show implementation of the disharmonious phenomenon. As there is no consciousness of workers, they are "lazy" to start collective negotiation; and negotiation objects can not be found. Those contracts are unable to carry out. The negotiations are only to cope with superiors, have poor execution,and caused frequent disputes.The third chapter tries to explore the obstacle of our collective negotiation system. To the phenomenon mentioned above, I think there is still a fundamental problem of our collective bargaining system. In order to make practical suggestions, we must ferret out deep analysis of cause of the problem according to the nature of the phenomenon. The author analyzes the underlying causes as follows: First, the lack of legislation, including legislative level is low,and the content is simple; Second, ill-defined consultation body, including unclear representatives of qualified staff in consultation, the lack of independence and consciousness of the union, the union activist lack of methods, lack of employer representatives; Third, stiff consultation procedures, including the definition of the program in violation of an offer to negotiate an unknown, effect consultations too harsh; Fourth, the right to relief is missing.The fourth chapter analyzes the examples of our local exploration of the collectiveconsultation system. Like the successful collective wage negotiations story of Wuhan Food Industry and the failure "Guangdong Province collective wage negotiations regulations"(draft). Analysts believe that the success is due to the Wuhan Food Industry breakthrough enterprise-level collective negotiation, attention industrial collective negotiation. It was more flexible and reasonable collective negotiation process and worth learning. But the government led model also reminds us to consider the government position in collective negotiation. The failure of Guangdong collective wage negotiations let us aware of the government-led drawbacks further. Recognize the nature of the collective consultation carried out need to strengthen self-consciousness on workers.Chapter five presents suggestions to improve our collective consultation system. After analyzing all phenomena and reason. The author summarizes the experiences, lessons learned,put forward a four-point proposal to improve. First, the legislative provisions to improve the system, including legislation to improve and perfect the system level contents; second,improve negotiation mechanisms, including classify representatives of qualified staff in consultation, strengthen the independence and autonomy of trade union, restrictions the right to strike imparting grassroots enterprises and the establishment of representative organizations.Third, improve consultation procedures, including specify the "unjustified" conduct, give trade unions and business rights to decide negotiation process and relax the decision through program. Fourth, optimize dispute resolution mechanisms, including improving government functions and build dispute arbitration mechanism.