The Collective Agreement

The collective agreement today is increasingly important. This paper attempts to research into the complete aspects of collective agreement, on the basis of combining theory and practice, while comparing the foreign collective agreement system and the present law and regulation on collective agreement in China. About the definition, character and types of the collective agreement, the comparison between labor contract and collective agreement in this paper stresses the special characteristics on the subject, object and nature of the collective agreement. On the basis of the theory of Mr. Shi Shangkuan in Taiwan, I think if the labor union is the subject of the collective agreement, it may fail to explain why the collective agreement may be able to cover the non-union members. About the character of collective agreement, based on the introduction in the developing process of character theories and of relevant theories from different study parties, I personally think it's not proper not to classify clauses of the collective agreement according to their different characters, which are mostly seen in the textbooks in mainland. About the contents of the collective agreement, I research respectively from the angles of the common composition of collective agreement, the legal contents of collective agreement and the legal limit on the contents of collective agreement. Within this part, giving the recommendation to the relevant regulations in France, USA and China as examples, I stress the importance on further reinforcement and extension of the legal contents of the collective agreement.About the stipulation of the collective agreement, this paper distinguishes the substantial party of collective agreement from the signing party of collectiveagreement, and divide the signing phrase into 3 stages: Signing, confirming and publicizing, while place priority on the right to hold strike and duty to be honest in negotiation, which, however, haven't been brought into the present law or legal regulation in mainland, China.About the validity of the collective agreement, I attempt to discuss from the aspects of real right validity, obligatory right validity and organization validity, on the foundation of the comparison among the varied theories from Britain, Germany and Taiwan.The fulfillment of the collective agreement is discussed from the angles of the fulfillment of agreement, fulfillment supervising and the fulfillment-concerned problems in China; The fulfillment process is analyzed according to the different characters of the clauses of collective agreement and the different subjects of the agreement. And the fulfillment supervision is discussed by distinguishing internal supervision and external supervision.About the collective agreement dispute and its solution, different types of collective agreements are researched respectively from benefit disputes and right disputes. In this research, I recommend to offer the labor group the right of dispute, while it's strictly limited. As this issue is seldom mentions in the research in mainland, China, I hereby put forward some legislation suggestions based the actual situation in China. The duty mechanism of collective agreement presently in China is in a missing state, which severely affected the stipulation and fulfillment of collective agreement. Therefore, I suggest to construct the collective duty mechanism according to varied subjects. The duty each subject take should involve in duty range and the means of duty - taking. The present law in China should not still be over - cautious, otherwise the already - established collective system will decline.