Research On The Solidarity Rights

With the fast development of market economy and the effectsof economic globalization on China, there are more and moreconflicts between employees and employers. Though employees'status has been improved to some extent, they remain minoritygroups. Furthermore, it worsened with the development ofhigh-tech. The gap between employers and employees is widenedin various aspects. Employees united consciously and negotiatewith employers to realize their legal rights and interests. In thehistory of labor relationships, it is the gradual development ofunions that changed the significant power imbalance betweenemployees and employers and contributed to the harmonization oflabor relationships. I will bring forward advice for thedevelopment and improvement of solidarity rights based on theresearch on solidarity theory.This paper is devided into three parts.I will introduce the concept and characteristics of solidarityrights in the first part.There are two types of solidarity rights inbroad sense and in narrow sense. The difference between the twokinds of concept will be introduced firstly. In this paper solidarityrights are interpreted in broad sense that include the right ofassociation, the right to collective negotiation and the right tostrike. They are called solidarity rights because the rights andinterests are protected by collective power and are realized byunion. Solidarity rights are "social rights"that combined publicrights with private rights in nature. It is combined with the right oflabor autonomy that is based on private rights. There are reasonsfor the existence of solidarity rights. Firstly, for the sake ofminority groups. It is social development 'from status to contract'in civilized society. Further social development needs 'fromcontract to status'. Minority groups'interests require legislativeprotection. Vulnerability of rights to work results in employees'minority group status. Secondly, from the perspective of humanrights. China attaches increasing importance to the protection ofhuman rights, correspondingly, more and more attention is paid toemployees'rights. As a result, solidarity rights also evolve. Lastly,from the perspective of 'societal orientation', as a social law, laborlaw is necessarily emphasized. Based on solidarity (ororganization) and interlink, social law's basic form is the right toexistence from the basic angle of subordination (minority group).Employees are able to unite to realize their interests better as thesocial employees.It is necessary to study solidarity rights in different countries.I mainly concentrate on two countries, German and Japan.German's legislation of solidarity rights was characterized by thefact that their unions serve no other purpose than collectivebargaining. Japan's research on solidarity rights is ratherauthoritative because of its developed labor law. The Japaneselegal scholar circle calls solidarity rights 'the three labor rights'.Their collective bargaining and strike must be carried out by realunions.Part II will introduce the content of solidarity rights. Thecontent and embodiment of the three rights in China will beintroduced in turn. Firstly, the content of the right of association.On one hand, the right of association belongs to employees. It isthe combination of individual freedom and collective freedom. InChina, it is realized by establishing unions. On the other hand, Iwill prove the importance of union by researching its social,economic and theoretical foundations. Moreover, I will alsointroduce union's functions from the perspectives of protection,democracy participation, coordination and harmonization.Secondly, the content and function of the right to collectivenegotiation. It begins with the importance of the right to collectivenegotiation from the perspective of jurisprudential and socialfoundations. Its content includes subject and outcomes of rights.Collective bargaining must be organized and carried out by union.It is necessary to understand the collective bargaining system. Iwill introduce it from the perspectives of concept, procedure,content and functions. Lastly, the content and actuality of the rightto strike. At first I will prove the necessity of the existence of theright to strike from the perspectives of theory and social practice.The exercise of the right to strike is realized through unions. Otherrequirements for realizing the right to strike are also introduced.Then I will also introduce the actuality of this right by comparingChina with western countries.Part Three is the improvement of the solidarity rights. Thispart is also introduced in three parts.First is the improvement of the the right of association ,whichis realized through labor unions. Its main content is thetransformation of the labor union and the realization of rights. Thelabor union has changed its attribute of national political needs inthe past planned economy system, and now appears as arepresentative and a protector of labor force in the adjustment oflabor relations. The labor union's purpose, which is no longeradjustment, is now to protect the employees and to make thelabor relations more harmonious. To realize the labor union'srights, there are several key elements. First, make sure the originof the labor union's rights. Second, it needs the obligee to activelyuse the labor union's rights. Third, detailed action demands mustbe proposed to the relatively obliged subject. Fourth, the channelof rights relief should be unblocked. Second is to strengthen thefunction of group negotiation rights, which should first make sureits subject position. Start from the three subjects of labor union,government and the enterprise, the author introduces successivelyhow to make sure the independent position of the subject. Theimprovement of the group negotiation rights should be realized bythe improvement of the group negotiation system. On one hand,...