Study Of The Collective Contract System, A Number Of Legal Issues

China's "Labor Contract Law" came into force sine Jan. 1, 2008. Its purpose of the legislation is very clear, that is, to safeguard laborers' legitimate rights and interests more effectively. Collective contract system is an important legal system, which is the implementation of the Labor Contract Law, effectively safeguarding the rights and interests of laborers. At present, it is internationally popular to use the system to adjust labor relations, regulate labor disputes, and promote industrial peace. In the western countries of market economies, no matter in legislation or in theories, the collective contract system has been a very mature legal system. China's implementation of the collective contract system, though the central and local governments have constantly introduced the relevant provisions of the collective contracts, and more and more contracts have been signed, the awareness of the importance of the contract is still inadequate. The collective contract is in a mere formality, the promotion of the collective contract system has little effect which also affects the effective maintenance of rights and interests of the broad masses of laborers.Foreign experience and a large number of facts have proven that the collective contract is to promote understanding and prevent disputes between employers and employees, and a basic proof to resolve the labor disputes occurred after. As the labor disputes in our country have become a social problem that can not be avoided, whose scope and scale are expanding, whose intensity is increasing all the time, China's social and political stability is facing a severe test, whether China can properly resolve the labor disputes, in particular the collective Labor disputes, has become an important factor for building a harmonious society. Therefore, it is necessary and urgent to find a way to speed up the establishment of a sound legal system of collective contracts and promote the wider use of collective contracts.This paper has a deep research into the close relationship between the promotion of the application of the system and the effective protection of the legitimate rights and interests of laborers. At the same time, the current collective contract system to be inadequate to explore, and propose measures to improve with a view to better Safeguard the legitimate rights and interests of workers and further promote harmonious labor relations and corporate Building a Harmonious Society. This paper is divided into two major parts of the introduction and the body, the body composed of four chapters.The first chapter focuses on the basic theories of the collective contract system, mainly including the basic concept, contents and effect, functions and effect.The second chapter analyzes the development and evolution of the system. Through the origin, history and development of the system, a comparison and contrast is made between the collective contract systems at home and abroad.The third chapter summing up the problems and deficiencies of our system in the protection of labor rights and interest.The last chapter is the legal thoughts how to improve the collective contract system. Legislation and research, further promotion of application and improvement of the dispute resolution mechanism will be elaborated. During the implementation of the promotion of the collective contract, the present emphasis is to push forward the process of collective salary negotiation. At the aspects of the improvements of the collective contract dispute settlement mechanism, the focus is to strengthen the regulation of labor disputes, especially to resolve conflicts at the grassroots level.