The Delegacy Of Labor Union

The delegacy of labor union is that labor union has the rights or qualifications to be the representative of the members and employees' benefits which affirmed by the law. Employee organization and the rights to join labor union have an osculation mutuality with delegacy of labor union. We have to acknowledge that labor union has the rights or qualifications to be the representative of the members and employees' benefits as long as the law confirms mat employees have the rights to join and organize labor union. Although our current trade union law accepts the representative rights of the labor union fundamentally stipulating labor union delegates the benefits of labors and vindicating their lawful rights and interests, it does not make clear lots of concrete problems of labor union delegacy. The delegacy is in vain in our reality and this causes attempting and accomplishing nothing of labor union when labors vindicating their rights and interests, nonconfidence in the labor union, uncertainty of the labor union's roll, lack of guarantee when labor union cadres asserting their rights and interests. A lot of lawsuits come into being because of this. Meanwhile, theoretically, if labor union is the principal part of the collectivity legal relation, if the labor union has the legal personality and what kind of artificial person labor union is, and other problems, there is dispute in labor law circle. Scholars have kinds of attitudes and opinions. The clearance of this two theoretic problems decides practices and innovation direction of the delegacy of labor union. By using several labor union cases in our real life as the breakthrough point, this article discusses the delegacy of labor union theoretically and probes into two theoretic questions relevant to the delegacy of labor union in our labor law: if the labor union is the main body of group relationship and if labor union has the law qualification. The author gave his own viewpoint: Concerning the 1st question, the author agrees labor union is the main body of group relationship, confirming the party roll of labor union in the group relationship and labors could be only the parties concerned: concerning the 2nd question, the author claims that the character of labor union should be defined as a special social legal person. The writer analysis that the reason of the delegacy of labor union in vain in real life, is long time existing of planned economy system in our country and the mind tradition of nationalized labor union and discusses the delegacy of labor union under social standard, giving his visualization of labor union innovation on the basis of the actuality of the delegacy of labor union, aiming the real social standard delegacy of labor union. This needs to get conformity inside labor union to rebuild the fundament of union delegate in order to assure the purity and independency of the labor union on the one hand; on the other hand, needs to construct the legal system of using the delegacy of labor union externally and strengthen it.