On The Perfection Of Collective Bargaining System In China

In today's society,how to safeguard the legitimate rights and interests of workers,has become an important issue in the country.At present,China's "labor law","Labor Contract Law","trade union law" are to protect the rights and interests of workers to do the relevant provisions,but in practice,these laws have many imperfections in the protection of workers right.One of the main reasons is that employer holds the enterprise independent management right,individual workers is vulnerable to the employer,in recent years,labor disputes also showed a rising trend,therefore,has very important significance to construct timely and effectively solve the labor dispute of the collective bargaining system.The purpose of this paper is through the study of collective bargaining system both at home and abroad and the theory and practice related to the discussion of how to develop in line with the collective bargaining system present situation of our country,and provide theoretical support and system conception in promoting China's collective bargaining for better work.This paper focuses on collective bargaining theory,the system of collective bargaining in China's relevant legislation and lack to be carried out several aspects of extraterritorial experience of the system of collective bargaining and collective bargaining in China and the improvement of the system of ideas.The specific contents are as follows:The first part of this paper mainly introduces the basic theory of collective bargaining,the connotation of first interpretation of collective bargaining,analysis of the characteristics of collective bargaining,and the collective bargaining and collective consultation made the difference,then through the theory and the fact that the function of collective bargaining,finally introduces the main theoretical support of collective bargaining.The second part mainly introduces the legislative situation of the collective bargaining system in our country and evaluates them.First a brief description of China's current laws and regulations on "collective consultation","collective contract" content,and then analyzes the deficiency of China's legislation on collective bargaining system,points out the existing laws and regulations need to make up.The third part mainly introduces the United States,Germany,France provisions on collective bargaining provisions or has its own characteristics or to construct our collective bargaining system has the reference value and the practice,there are three aspects of China's construction and is of great significance to perfect the system of collective bargaining: provides important details of collective bargaining procedures;the body of collective bargaining responsibilities in collective bargaining;provisions relating to the strike.In the fourth part of our country at present about collective bargaining legislation shortcomings,for the situation of our country part of foreign collective bargaining system,to perfect the system of collective bargaining in China put forward five legislative ideas: refine the system of collective bargaining structure;clear the system of collective bargaining information disclosure;regulate the subject of the collective bargaining position and responsibilities;provisions of the strike system;perfecting the collective bargaining system.