Research On Some Legal Issue Of Collective Agreement In China

Collective agreement has been implemented in our country for fifteen years, and it has played an important role in regulating and cooperating the labor relations and in protecting the legal rights and interests of laborers. However, in our country, although the rate of application of collective agreement in all kinds of enterprises and institutions is increasing every year, the difficulty of promoting is still very great, and the compliance rate and the role of the collective agreement are also unsatisfactory. Both employers and employees in many enterprises did not take seriously of the collective agreement. Except for lacking of experience in operating, the more important reason is that the abstraction and generalization of defined by itself resulted many vague understanding and self-restrainting on some key questions.There are three big difficulties in practical promotion of the collective agreement: The laborers of many small and medium-sized enterprises and institutions can not share the "sunshine" of the collective agreement; Can the chairmen of the trade unions fight against the employers? The law enforcement departments has no law to abide by. This paper will focus on solving them. Firstly, it will introduce the concept, characteristics , relationship with labor contracts , nature, insignificance and the engagement, alteration, cancling, termination, legal responsibility ,measures of making up of the collective agreement. This paper attempts to give a relatively detailed statement of the collective agreement through the comparision between China and foreign countries. Secondly, the paper will analyze the situation of application of the collective agreement in China, and discuss the reasons for the existing problems in the application of the current collective agreement in combination with the new changes and development in labor relations during the transformation from planning to marketing economy in China :First, the collective agreement is not fully performed .Secondly, the existing trade union system has many defects, and the abilities of representation and independence of the trade union are not strong enough. Thirdly, the collective agreement is not perfect in legislation. Finally, the following three specific measures are hoped to solve the problems and further improving the collective agreement: first, fully performing the collective agreement. Second: innovating the functioning system and promoting the reform of the trade unions. Third, improving related laws and regulations of the collective agreement to achieve the purposes of fully functioning the collective agreement to build the harmonious labor relationships.