The Effectiveness Research Of Peace Obligation On Collective Agreement

Peace Obligation refers to the parties of collective agreement should not have controversial approach during the validity of a collective agreement for the regulated issues in the agreement. According to the scope of constraint of peace obligation, it can be divided into two types: relative and absolute peace obligation. Nowadays, most countries in the world, there are regulations about peace obligation in law or in the collective agreement, also they have similarities and unique, such as, about the legal foundation of the peace obligation, the mandatory effect of it, the force of constraint of peace obligation in time and so on, there are different views about such issues.In some counties in Europe, the peace obligation in the collective agreement plays an important role for the resolution of the employers and trade unions’ disputes, for example, harmonious industrial relations in Switzerland. Creditor’s rights and legal validity are two main aspects in the collective agreement. Parties who are bond to the agreement share rights it endows, and also bear the obligation of no-strike or no-lockout. Besides, the parties have to restrain their own members not to take these actions. No matter who break the contract, the other party can require it to continue to perform its obligation, or make it compensate for their default. Peace obligation treat two parties equally, employers(or employer association) and trade union are equal parties.Arguments exist about the application of peace obligation, some insist that peace obligation should be applied compulsively, and other opinions hold peace obligation is parties’ agreements, excluding it is allowed. About the duration of peace obligation, the effect of original collective agreement can last before the new agreement come into force, peace obligation expires expect both parties agree to continue to be bond by peace obligation.There are no specific provisions about peace obligation in our country, and the matter of strike is not so explicit, but it is not mean we don’t have relevant regulation. In the Article 27 in the Trade Union Law, the provision is something about stoppage and sabotage, but we can see from it that implicit meaning about striking is included. We can regard it as the immediate legal basis of strike, resolving strikes judging by this provision. When we learn this system, preparation should be made in advance, such as, making laws to regulate strikes, reconstructing the independent status of the trade union, putting emphasis on the Creditor’s rights effect, and so on. Many other supporting facility also need to be accordance with it, learning from experience abroad to use for us, searching some available ways to solve our own collective labor disputes.