The Research On The Strengthening Of Collective Contract System During The Ongoing Transition

The basic function of the collective contract system is to regulate labor relations and safeguard the legitimate rights of workers. China now is in the social transition, the collective contract system is an important role in the mitigation of labor disputes and harmonious labor relations, but imperfect system of collective contracts affects the functions of the system.This article combined the legal practice and related foreign legal systems, associating with further research on the current situation and problems of collective contract system in China. Legislative proposals were offered to improve the system and strengthen the function.Firstly, this article elaborated the historical evolution and concept of collective contract system, and then compared it with labor contract. Secondly, it analyzed the problems and flaws through grasping legal regulations. The main problem is the provisions of subjects, effects and implementation of collective contract, as well as the process of dealing with labor disputes. Thirdly, foreign relevant laws and scholars'academic opinions were introduced. Finally, the following revisions were proposed based on the previous research:announce the law of collective contract, confirm the relationship between the union and staffs with the reform of union function, confirm the validity of the real property, the effect of obligatory right, and the effectiveness in organizational law, define the strike right, and facilitate the solutions of labor disputes.