Collective Bargaining, Legal System Construction

Collective bargaining is the most important method to coordinate the labor relations under market economic condition. It is also the core content of the labor relation constitution in market economic country. The collective bargaining legal system contains the law system, legal ideal, legislation, application and adherence. It has great significance to establish, protect and develop collective bargaining. The law system, legal ideal and legislation, which are most important issues in collective bargaining legal system, are main contents in this paper. The primary collective legal system construction plan is also given in this paper based on the research of the three main issues.Our country's legislation of collective bargaining is very primary. The legal system has not been constructed, which is disadvantaged to the protection of labors' right to collective bargaining. This thesis analyses the construction of the collective bargaining legal system from three aspects. The first issue is the research of the consistence of the collective bargaining legal system. The legal system must serve the exertion of the function of the collective bargaining. The main values of the legal system are protecting the labors' right to live and right to development. The main legislation principles are: the principle of balancing the rights, the principle of honest and credibility, the principle of autonomy and the principle of prohibition of rights abuse. The decision made by the country that which way to use to coordinate labor relation has determinative affection to construct collective bargaining legal system. If autonomy model is used to adjust the labor relations, then the construction of collective bargaining legal system is necessary. However, if the corporatism model is decided to adjust the labor relations, then it is not necessary to construct the collective bargaining system. Compared the two models, China should choose the "well ordered participation" model to adjust labor relations. And the legislation should follow therequirement of the model. The legislation also should abide by the requirement of international human rights law. The international human rights law has already settled a standard of the collective bargaining issue. So, the domestic legislation of this issue should meet the requirement of the standard. At last, after the comprehensive analyze of the principles of legislation of current labor law and the labor relations adjusted by current labor law, the legislation of collective bargaining should not be absorbed in current labor law, for it has independent legislation principles.