Study Of A Number Of Legal Issues Of The Collective Contract

The 16th session of Fourth Plenary Session pointed out, "Forming a harmonious society in which all the people work according to ability and take their proper place is the social basis of consolidating the party in power and the inevitably request to realize the party's historic task to be in power." To construct the harmonious society has been determined to be our party's strategy to rule the nation. The labor relation is one of the basic social relations. To construct a harmonious society must pay highly attention to constructing the harmonious labor relation. At present, the unharmonious labor relation is one of the important factors restricting constructing a harmonious society. In the present establishing and developing of socialistic market economy, the contradiction of labor relation becomes more and more obvious with the increasingly developing of various economies, the system transformation of state-owned enterprises, the reforming of labor employment system, the emerging of the negative effects of interest mechanism in market economy and the institutional faultiness. The contradiction in labor relation usually brings about the overall and bursting interior employment conflicts, even more serious social conflicts. Therefore, establishing and improving harmonizing mechanism of labor relation, harmonize labor relation is the impersonal request to construct a harmonious socialistic society. The collective contract system is one of the mechanisms to harmonize labor relation, which fully embodies the basic requirement "taking persons as basis, harmonize labor relation" through signing collective contracts on basis of collective negotiation. The collective contract system is one of the important mechanisms for the nation to stabilize harmonious labor relation in market economy, which plays a role that other legal labor system cannot play. Intensifying the study of collective contract system is one of the important tasks of labor legal system construction in the present harmonious society constructing in China.Because the collective contract system was established not long before and has implemented for a very short time, people have not realized the importance of collective contracts, the legislation related to collective contracts is far from perfect, and people lacks of practical experiences in signing collective contracts through collective negotiation, which restricts the collective contract system to play its role. This thesis, attempting to apply the comparative and historical means, pressing closely to the times pulse, using the successful experiences of market economy in developed western countries for reference, integrating the new labor relation changes happened during the transition process to market economy, demonstrates the necessity to expedite the collective contract system construction in our country's harmonious society constructing from labor law perspective. At the same time, this thesis is a pilot study on collective negotiation, the principal part of collective contracts, the content of collective contracts in order to promote the smoothly implementing of collective contract system in China, to harmonize labor relation and to achieve the final goal to construct a harmonious society.