The Improvement On The Collective Contract System Of Our Country

As China's economic reform is deepening, the protection for workers' rights and interests has become more and more prominent: the anomie of the labor contract and the imbalance of labour relations at the present stage are the basic characteristic in the field of labor relationship. In recent years, there are a lot of laws and rules, especially the Labor contract Law enacted recently, stipulated to regulate the labor contract occuring specifically in the field of labor relations, ,which hardly made it out how to adjust the collective contract as a upper contract, in other words, they are too principled to settle the real problems existing in the collective contract. Against this background, it is the main purpose of this paper to set up the sound collective contract system, and guide and regulate the benign development of labour relations.The full text is divided into four parts.Section I, the paper started with the concept of the collective contract. A brief review was made on the development of China's collective contract system, t which has been inverstigated and compared with the closely related legal issues.Section II, the paper performed analysis on the problems that exist in the China's current collective contract system, such as the mere formality of collective contracts leading to the weakness of its operability, the ambiguity of trade union organizations' function and the fragility of its independence leading to its virtual situation, the absence of Government duties in the implementation of collective contracts and workers' weak awareness of the law, and so on.Section III discussed the practical foundation to exert the function of our country's collective contract and the actual needs to strengthen our country's collective contract.Section IV discussed the urgency to strengthen and improve the collective contract system, and put forward some relevant measures from the perspective of the construction of trade union, the collective consultation, the right to strike and the government role concerned with the collective contract In view of the above problem.