Study On The Legal Issues Of Collective Barging Subjects In China

The collective bargaining system was born under the background of European economic recovery and flourishing handicraft industry.Collective bargaining system are recognized in the countries all over the world,our country also the legislation on system of collective bargaining and confirmation,but the research about the system of collective negotiations main body is less,some problems such as lack of theory,legislation absence,result in the collective contract signed become a mere formality,can't play their role,need to do further research and improvement.In this paper,the qualification of the participants in collective bargaining is recognized directly.Through the analysis of the theoretical disputes in the definition of the collective bargaining subjects,it is determined that the labor subjects in collective bargaining are laborers and trade unions,the employers and employers' organizations,and the labor administrative department of the government is the special subject of collective bargaining.Based on the identification of subject qualification,through comparative analysis,it is found that the trade union lacks representative and independence,the employer lacks legislation and regulation of inappropriate labor behavior,and the collective bargaining subject lacks supervision and accountability.This paper makes a dialectical analysis of the legislation and practical experience of developed countries outside the region,selects the essence to discard the dross,and draws lessons from the German collective bargaining system.On the one hand,legislation should be adopted to guarantee the representative and independence of trade unions,speed up the legislation of the litigation right of trade unions'representatives,clarify the rights and responsibilities of trade unions,and refine the regulatory authority of the third-party subject of the government.On the other hand,through the identification of the qualifications and rights and obligations of the collective bargaining subjects,this paper puts forward specific Suggestions on making up for the absence of the capital subjects in the industrial and regional collective bargaining and establishing and improving the three-party consultation mechanism of labor relations.