Perfecting The Legal Analysis Of The Collective Contract System

The author through a case make a comprehensive and detailed analysis and sorting at collective contract system, and conform the initial systematic collective contract system.Then pointed out that the collective contract system in china the problems and deficiencies, so as to further propose solutions to the problems and recommendations, and the resulting significance.On the current situation of the current legislation, and the "Labor Law" in comparison, although the "Labor Contract Law" provisions in the collective contract system has made great progress, but I believe that the "Labor Contract Law" on the provisions of the collective contract system still exist inadequacies, "Labor Contract Law" is still not for the collective contract system as a system to build up the framework needed. Looking at the "Labour Contract Law" on the content of the provisions of the collective contract,the existing provisions of the collective contract simply does not constitute legal system.For example,it does not provide for the collective contract offer and commitment to the system, does not provide for consultation and coordination how to deal with; does not require changes to lift the collective contract procedures; breach of the collective contract does not provide for the composition of elements, as well as liable for breach of the collective contract processing;and so on.Which is precisely the content of the essential characteristics of the collective contract system. In addition, the author believes that the collective contract system in China differs from Western countries to establish a product of labour relations serious conflict, China's national conditions decide China's establishment of the collective contract system must have Chinese characteristics, namely, trade unions under the leadership of the government to promote the establishment of a collective contract, so trade unions in the establishment of a collective contract system to play an active role.