Research On Collective Contract Legislation

With the globalization of the economy,labor disputes have become a serious social problem.Under such a social background,it is particularly important to conduct legislative research on collective contracts in China.Under the strong impact of capital power,the power of capital is always stronger than the labor force in the world.Then,with the rapid development of China's economy,the value of domestic labor is increasing,the contradiction between laborers and employers is more and more prominent and presents a diversified development trend,and the corresponding legislation has no obvious changes.In addition to the "collective contract provisions",the current legislation on collective contracts is also scattered in the "Labor Law of the People's Republic of China" and the "Trade Union Law of the People's Republic of China".However,over the past decade or so,China's social environment has undergone earth-shaking changes,and the current legislation on collective contracts has been unable to meet the practical needs of social development.This paper conducts a legal study on collective contract legislation,finds the problems existing in the current legislation of collective contracts in China,draws on the experience of developed countries on collective contract legislation,proposes to improve the representation of trade unions,confirm the main status of the industrial and commercial associations and the collective disputes.It is expected to provide a useful reference for future improvement of collective contract legislation.The main innovation of the article is the theoretical analysis of the concept of collective contract based on social law.Previous articles on collective contracts failed to further explain the benchmark nature of collective contract law.The benchmark nature of the collective contract law is reflected in the fact that under the provisions of the benchmark law,the responsible party must not act less than the basic matters stipulated by the basic law.In order to be practical and feasible,the most important thing is to fully recognize the benchmark nature of the collective contract law.On this basis,it proposes the main body of the collective contract,the litigation rights of the representative of the trade union,and the legislative proposals for the handling of collective disputes.