Research On Tripartite Coordination Mechanism Of Labor Relations

The tripartite coordination mechanism is an important mode for market economy countries to deal with and coordinate labor relations. While in our country there are so many shortages in the current tripartite coordination mechanism that the effects of coordinating labor relations and balancing interests are not so obvious in practice. Therefore, to improve our country's tripartite coordination mechanism is an urgent task for setting up harmonious labor relations and promoting social and economic development.Except for the preface and the conclusion, this paper includes five articles, and the main contents of each article are as follows:In the first article, the author poses the problem. At first, the author introduces the dispute and contradiction arising after promulgation of , and finally the author draws a conclusion that there is shortage both on legislation and practice aspects from the following two: one is trade union's strong participation and employers'lack of speaking right on legislation aspect; and another is employers'evasion of law and trade union's attempt and accomplish nothing on practice aspect.In the second article, the author introduces the current actuality of our country's tripartite coordination mechanism. In this article, the author analyses the current actuality of our country's tripartite coordination mechanism from three aspects: legislation and policy,organizational system and operation.In the third article, the author analyses shortages of our tripartite coordination mechanism from the following three aspects: legislation,parties and operation. In the first section, the author analyses the shortages on legislation aspect and draws a conclusion that tripartite coordination mechanism doesn't take effect in the legislation process, and stipulations regarding the tripartite coordination mechanism are too abstract and the legislation level is too low. In the second section, the author analyses the shortages of the parties and draws a conclusion that unbalance between employers and trade union both on legislation and practice aspects as a result of government's leading role,employer's"weak in upper layer and strong in lower layer"and trade union's"strong in upper layer and weak in lower layer"finally causes the tripartite coordination mechanism can't really take effect. In the third section, the author analyses the shortages on operation aspect, and makes a conclusion that in practice the tripartite coordination mechanism is only limited on labor dispute solving and collective contracts have already become formalization.The forth article is about international comparison and reference of tripartite coordination mechanism. In this article, the author introduces the principle of tripartite coordination in International Labor Organization first, and then the author introduces several different modes of tripartite in developed countries. Based on that, the author draws several illuminations through comparison and analysis.The fifth article is about improvement of our country's tripartite coordination mechanism. The first section is about general regulation on legislation aspect, the author expounds on the two points: one is the principle of tripartite coordination shall be reflected in the legislation process, another is perfect of law. The second section is about transverse regulation on parties, the author put forward that the government's function shall be defined again and the government's character shall be changed from manager to coordinator; development of the employers'union shall be strengthened and participation in legislation process shall be ensured; reform of trade union shall also be carried out and the system shortage of"strong in upper layer and weak in lower layer"shall be overcome. The third section is about vertical regulation on operation aspect, the author expounds on macroscopic, mid-scopic and microcosmic aspects respectively and emphasizes that on macroscopic aspect the range of tripartite coordination shall not be only limited to labor dispute solving and shall be broadened, on mid-scopic aspect regional and industrial tripartite coordination shall be promoted, and on microcosmic aspect collective contract shall be promoted and the actual effect shall be strengthened.