On Collective Bargaining Right

Our country is making great efforts to build socialist market economy, in this course, the employer's status and power are enlarged excessively, but the laborers'rights and interests are unable to get the effective guarantee. So we should study advanced experience of other market economy countries and strengthen the work of legislation to protect the laborers'legitimate rights and interests, to alleviate out-of-balance in power between labor and capital and maintain the stability and harmony of the work relation. Collective bargaining right is admitted by law as one of the basic labor rights with the developing of collective labor relations. Collective bargaining right is owned collectively by labors who want to protect their interests and bargain with the employer on the work condition and sign the collective labor contract by the labor union or their representatives. With our country market economy establishing and development of the labor relation, paying close attention to the collective bargaining right will be the direction of our labor legislation development. This thesis exhaustively argues collective bargaining right which is the core right among the collective labor rights.The chapter one analyzes the intension and essential features of collective bargaining right and expounds the relevant theory and social function of collective bargaining right. In fact, collective bargaining right is a kind of autonomous right between employee and employer. Related to the essential features of collective bargaining right, the author mainly analyzes the aspect of the purpose and legal protection. Collective bargaining right is the core right among the collective labor right. And then the thesis analyzes that pluralism is the theoretical basis of the collective bargaining right. Final part in this chapter, the author argues the social function of collective bargaining right, which includes embodying the collective interests, protecting the laborers'legitimate rights and interests, promoting the stability of the society and improving the quality of employee and enterprise benefits.The chapter two exhaustively analyzes the major problems of collective bargaining right, including the procedure of collective bargaining, organizational basis of collective bargaining right, unfair labor practice and responsibility of honest bargain. Collective bargaining right is realized and protected by the collective bargain system of law. To realize collective bargaining right, the procedure of collective bargaining must be regulated by law. As the organizational basis of collective bargaining right, the author argues the role and responsibility of the labor union in the collective bargaining. The unfair labor practice is relevant with the realization the collective bargaining right. In this part, the author introduces the relevant regulations of the unfair labor practice in many countries. Final part in this chapter, the author expounds the responsibility of honest bargain. Trusting each other is the basis of sincere cooperation. So responsibility of honest bargain is the important content of the collective bargaining right.At present, our country is during the period of making the transition, going with system reformation, economy structure adjustment and social historical innovation. The market-based labor relation has already been formed basically and occupied the leading position progressively. While explaining the advanced theory in the world, the last chapter concentrates on pointing out the deficiency of collective bargaining right in practice in our country. On this basis, the author proposes direction of improvement in the future and explains relevant measures to develop one by one. First, the author expounds the many defects in our legislation on the collective bargaining right. At present, there are the several articles to norm the collective contract only in Labor Law of our country. Obviously, it's difficult to hold out sufficient and effective law provides for the collective bargaining right in practice. Second, as the organizational basis of collective bargaining right, the role of the labor union is evidently deficient. The analysis of the social phenomenon indicates that the main reason is the independent character of labor union is not sufficient, which lead to the labor union difficultly bear up the main duty of the collective bargaining. Third, the author argues the strike being a reserve weapon in collective bargaining, the regulations about the striking right in our country, and some suggestions on legislation of the striking right. Another, the author argues the necessity and feasibility to norm the unfair labor practice in our country presently. While explaining the advanced theory in the world, the thesis discusses some concrete ways in this problem. At last, the author suggests it necessary to build the multiple structures of the collective bargaining in our country, which is beneficial to realize the collective bargaining right perfectly.