Thinking Of The Right To Collective Labor Protection Laws

The existence and development of human beings can not be without work, while work is the main and the most important means to make a living in the present stage. The human beings, as the laborers, for their own survival and development, must try their best to obtain the beneficial rights which are necessary for the survival and development of laborers, even the whole human beings. These rights are the right of labor we always call. People pay more attention to the right of labor because of the special attributes of it, such as the right of existence and the right of development. From the development course of the right of labor, it is easily to make a conclusion that the right of labor is the result of the long-term struggle for resisting oppression and exploit, for better working conditions and for improving the laborer's economic status constantly between the workers who are in the weak status and the capitalists and the employers who are in the strong status. Each step that the right of labor makes can not leave the struggle of the workers. But no matter how the right of labor develops, the right can be divided into the individual right of labor and collective right of labor. While comparing with the individual one, the characteristic of the collective one is that the right is exercised by the Labor Union, the collective organization of the laborers, but not the individual worker, therefore, the collective one is called the collective laborers' right by some scholars. The main reason that the collective right of labor produces lies in that the gap of social and economic status between the employers and the individual worker is too wide that the weak worker can not resist the strong employers by themselves, and the rights of workers are always violated by the employers. In order to get balance, the individual worker has to organize the labor union to reach a situation of group of workers Vs. group of employers. Through their own group, the workers struggle for better working conditions, so as to obtain balance. The collective right of labor is the foundation and the safeguard of the individual right of labor, and which can display the characteristics of the modern labor law better that individual right of labor does.Meanwhile, with the development of modern enterprise system, therelationship is becoming the relationship of interests based on economic benefits, the enterprise, government, laborers not only regard one's own interests but also respect and safeguard the interests of the other side while dealing with the relation of working. The system of collective right of labor is becoming more important to coordinate labor relations, realize and balance of each side's economic interests. Especially under the trend of the economic globalization, various countries reaches unanimity and overall to protect the individual right of labor gradually, there are numerous differences in the protection of collective right of labor. The differences of the protection of the right of labor between our country's labor law and the labor of other countries of the world and the international conventions lie in the collective right of labor. Meanwhile, there are so many problems in relation to protection of the right of labor in our country, such as the independence of the labor union, the weakness of the labor union, the disadvantaged groups such as the peasant worker ,etc. dissociating from labor union ,the collective negotiation becoming formalities more, the labor union lacking of effective struggle means such as the strike, imperfect procedure in dealing with the collective labor disputes. Such problems do generally exist in the society, which give few opportunities for the laborers to negotiate with the enterprises on the equal status, which has not only protected the laborers but also make some enterprises encroach on laborer's rights through the labor union. This was obviously violated legislators' original intention. Therefore we face the problem how to perfect the collective right of labor. In this article the author pay more attention to the collective right of labor, and the author hope that the suggestion of perfecting the collective right of labor in our country that she put forward in this article, based on analysis of the current situation and the problem of the collective right of labor in our country and the reference of the advanced experience of the foreign countries' collective right of labor legislation, can be beneficial to the perfection of the protection system of collective right of labor of our country.There are three parts in this article. The first part is the summary of the development of the collective right of labor, and introduces the right of labor, and defines the three rights of the collective right of labor. The second part deeply analyses the current situation of the protection of the collective right of labor inour country, and puts forward the problems in protecting the collective right labor, such as, the independence of the labor union, peasant worker and civil servants organizing labor union, the formalities of the collective negotiation, the weakness of the protection of the laborers of the collective negotiation on the enterprises level, the lackness of the right of striking legislation which leads to the workers lack of the strong weapon to struggle with the employers, too many administrative interventions in the procedure of the laboring disputes, the disputes arising from the collective labor contracts being outside the judicial process, the current labor judicial system making the litigants spent too more. The third part, against the problems of the second part, upon the reference of the legislation experience of Japan, America and German, put forward some suggestions to perfect the collective right of labor in our country. The author hope that, through the legislation, the unfair labor practice and the right of strike would be regulated, the collective negotiation procedure would be specified, the labor judicial rules would be reformed, the peasant worker would become the members of the labor union, the new labor union system would be constructed and the collective negotiations would be organized on the different levels.Certainly, comparing the whole system of protection of the collective right of labor, the content of this article is just a drop in the ocean, meanwhile, the perfection of the protection system of the collective right of labor is not merely that an independent labor law or the labor law department can resolve, which need efforts and cooperation of all people from many ways. And the perfection of the protection system of the collective right of labor can not be accomplished in one move, it is a progressive course too, but which will turn better eventually .We are expecting!...