Research On The Legal System Of Labor Union In The Republic Of China

By the theory of Marx, the theory of Mr. and Ms. Webb'social opinion and the theory of Berman, in the Republic of China our legal system of labor union has been growing. Our legal system of labor union emphasized the political value, the economic value and the social value. Because of national and international labor union movement in practice and the spread of the foreign theory, our nation has to take action on legislation on labor union.The legislation towards labor union in the Republic of China can be traced back to three different stages. From 1912 to 1924 is the primitive stage where certain laws governing this aspect have been made from non-existing to reality; the labor union Ordinance of 1912 firstly sets the organizing qualifications and approving procedure systematically, as well as the role of the union, its members, staff, fees and protection measures of the assets of it, forming the regulation of union for the first time; the amended version of the Labor Union ordinance expanded the scale of its membership, enlarged its rights and obligations, it also fortified the protection of the union's assets by improving the fees. From 1925 to 1942 China saws the developmental stage of this aspect of legislation. In this period, China achieved regulation through the formal state legislation with effort. Law of the Labor Union of 1929 was a milestone marking a historical period of the legislation which raised the standard of the establishment of Labor Union. It posed restriction of the signing right and the right of going on a strike. It also covered the terms of prohibition toward it staffs, members as well as the union itself. It also expanded the powers of the respective administrative organs. It can be clearly seen from this a shift of the legislation from empowerment of the union to restriction of it. From 1943 to 1949, the law had entered a fluctuating period, with 3 versions in just three short years, reflecting the urgent demand of the Nanking government to facilitate the development of the labor union. At this time, the legislation tended to be more sophisticated and detailed, increasing the regulations on General union and federations.In the Republic of China, the Legal System of Labor Union's most important content is the right of association, the right of collective agreement and the right of strike. This article will pay more attention on those three rights. The right of association is the basis for all labor union's activities. The right of collective agreement is an important way to protect the rights of workers. The right of strike is also important means to make the rights of workers respected. In the Republic of China, the legal purpose of Labor Union is diversity. Legislative and judicial practice showed differences. At the end, the legislative shows Proportional with Politics.