Labor Standards And The Collective Contract - Labor Law Fairness And Efficiency Value

Fair and efficiency is the eternal theme of the human society, both of all are one of the important pursuit value of the law. How about the relation between them? There is not unified final conclusion about this question. They are both labor law' s pursuing goal, how to deal with the status in the labor legal relation? The thesis tries to analysis this question from two different levels. First of all, fair is the essential value choice of the labor law, it is the important pursuit to safeguard laborer' s lawful rights and interests. But under the background of contemporary efficiency, labor law should not ignore the efficiency value. We should not cast aside the relation of various kinds of factor to talk the relation, such as concrete historical stage, productivity development level, and different countries, etc. So we should not make an eternal standard between fair and efficiency..Second, the thesis points out labor standard and collective agreement, the two kinds of means which maintains fair, however having different influence on efficiency. Under the background of contemporary efficiency, labor law should choose the collective agreement to regulate labor legal relation. Basing on the national conditions of our country, combining the legislative example of the developed country, we should mainly rely on collective agreement to regulate labor legal relation, at the same time, making labor standard to be complement.The thesis is about 30,000 words altogether. The paper is divided into four parts besides a preface.In the part of the foreword, this text points out that we should not break away from different era, different productivity development level and other concrete factors to talk about the relation of fair and efficiency. Author thinks that we should put their relation into concrete era observe.Part I: The first part of the paper is from the angle of jurisprudence to define with efficiency and fair at first, then it further points out how to deal with the relation of fair and efficiency in labor legal relation. Under the background of contemporary' efficiency, efficiency has already become the important value orientation of the contemporary labor law.Part II: This part analyses labor standard and collective agreement at the methods of economic analyses of law. In labor standard, author takes the minimum wage system as an example to explain the influence about efficiency to the workers and capital. And then, the paper points out the too high labor standard do not benefit the realization of efficiency value. It points out collective agreement can realize more fair value than labor standard, and it can realize really equality through impelling laborers' strength between worker and capital, and it has even more flexibility, according with the modern social requisition on efficiency even more. So, our country should rely mainly on collective agreement to adjust labor legal relation, labor standard should be complementPart III: Under the background of contemporary efficiency, author thinks about seriously labor standard and collective agreement system and points out some existing questions, which need to improve still at our country labor law in the future. In the part of labor standard, author explains especially how to adopt a correct attitude towards the international laborer standard, pointing out the too high labor standard which breaks away from one country' s national conditions will raise capital' s cost and weaken the product competitiveness in the international market of this country. In the collective agreement part, author talks about the subject of the collective agreement - trade union and strike right of our country.Part IV: The fourth part of the paper carries on the brief summary to the main content of this paper.