Study Of Collective Contract System

Currently, some people have inaccurate understanding of Collective Contract System, seeing this system as foreign goods, not matching state of the nation. While their opinions are not right. We should set up a right understanding of Collective Contract System on the base of construction of a harmonious society. In order to build a harmonious society ,we have to concern more about setting up harmonious Labor Relation .Nowadays, inconsistent Labor Relation is an obstacle in constructing a harmonious society. With the development of various components of economy and the rotation of state-owned enterprises, as well as the reform and deficiency of Labor Work System, the contradiction between Labor Relation has become more obvious. Improving the Collective Contract System is an objective demand in building a harmonious society.Society should be developed without fear or favor, justness is connotation of development. The first view of science development is to center on people, the workers' rights have to be ensured. The Difference Principle of Er Si in the United States is about benefits in society and economy. But in the Labor Relation, the workers are placed in a minority, so when we are establishing Labor Law, we should apply the Difference Principle, tilting workers to one side. There are obvious influence margins in Labor Contract, so the ultimate function of Labor Contract System lies in giving independence power to employing units and allowing workers to choose jobs freely, realizing a two-way selection, then urge human resources to get reasonable allocation through market mechanism .However, there is a deficiency in Labor Contract System ,the main body of Labor Relation is placed in the structure of "strong capital, weak labor", workers' weak position can't match that of employers, the workers will be subjected to bias and can't equally possess rights and undertake obligation. In order to prevent employing units from providing disadvantageous condition of labour to workers ,We should put Labor Contract System into practice and establish condition and treatment of employment through Collective Negotiation. Luckily, Famous economist FuliMan passed Collective Contract Negotiation based on the research of dates in the 1980's in the United States, so the income of trade unionists is 30% higher than that of non- trade unionists. Although, there are some law provisions in current Collective Contract System, certain problems also exit, so it can't bring in corresponding effect of society. This essay tries to dig out a legal theory of Collective Contract System and the root of problems with it in China through the analysis of origins of Group Contract System, so that we can establish a perfect Collective Contract System and build a harmonious Labor Force of socialism.Part1 The Origin of Collective Negotiations Collective negotiations trace back to the-18^th-century Europe, and the collective contract system was developed in the early mid-19^th century. But the collective contract system with modern meanings was completed in the twentieth century, which has developed into the most important and efficient method that is used to adjust the relationship between the employees and their units in many countries. This part will analyse the cause of the formation of collective contract system in China as well as its dvelopment. The legal collective contract system wasn't really carried out during the war years, but it kept progressing. In the 1960's-1970's, it once disappeared because of the Cultural Revolution. Luckily, it gradually returned to normal in the 1980's, but it has not become the basic system to adjust the labor relationship for a long time. The writer will analyse different kinds of collective contract systems in modern times. He thinks Karl Mark's study of labor relationship is always basic and creative.Part2 Theoretical Analysis This part will focus on the definition of collective contract in China Labor Law in different times. Through analysis, the writer drew a conclusion that it has 3 characteristics—the specific characteristic of the main part, the diversity of the contents and the requirement for the form of the contract. If collective contract system is put into practice, the conflict happening in the out-of-order labor relationship can be dealt with through orderly negotiation system. Besides, the collective contract system can guarantee the relevant development system between the income and economic development, standardize the working conditions in enterprises, avoid the conflict in unplanned industries of enterprises and in the end realize the stability of social economic order. The collective contract system mainly includes the following aspects: to fix the representative of the negotiation, to hold collective negotiation, to sign, carry out and supervise the collective contract, and to deal with the disagreement of the collective contract etc. Part3 Origin Inquiry In the past, a lot of enterprises weren't in favor of the collective contract system because of people's out-of-date thought. It was because the system itself has some defects For example, the government didn't exchange its function in the collective contract system. It only assigns quota, issues documents and order the enterprise to achieve its goal in the given time. The independent enterprise trade union system hasn't been established, and the trade union depends on the enterprise, and it is in want of rational negotiation system. The present law has flaws and is incomplete. Laws and regulations are contradictory, and there are no efficient punishing measures.Part4 Suggestions In this part, the writer comes up with a basic way to complete the collective contract. He holds the view that the trade union should maintain its main statue in the labor relationship, establish the principle of trade union representatives and the principle of its independence. There is great need to revise Labor Law and Trade Union Law so as to make the legal obligation of the enterprise and the trade union clear. Of course, it's necessary to recognize and defend three rights of laborers. What's more, the government is supposed to make Collective Contract Law as soon as possible.