Research On Legal Guarantee System Of Collective Bargaining

Since the reform and opening-up in 1978, the economic level of our country had grow very fast, the people’s living standard has been improved, but the laborers’ income grow very slow. Unreasonable salary distribution bring great social impact, combined with the workers’ rights consciousness awakening, workers for the fact that their legal rights are violated is not silent, labor relations intensified gradually.The opposition between labor and enterprise is not conducive to economic development, more is to bring the unstable factor to the society.Throughout the legislation and the practice experiences of developed countries, collective bargaining has played a key role in alleviating labor relations in the labor conflict, the key to solve the problem is effective dialogue, and collective bargaining provides such a platform for dialogue. In a relatively equal environment,labors negotiate with employers and solve the problem actively. Collective bargaining has played an important role between employers and employees protect the labors’ collective appeal. It is a powerful weapon which widely used by labors. Although our legal system refers to collective bargaining, but legislation is not perfect, collective bargaining was not function well,the study of the security system of collective bargaining is not only theoretical significance but also important in practice.This dissertation tries to start from the problems in our country’s collective bargaining. Analyzing the problems existing in collective bargaining security system starting from legislative and judicial practice respects. The legislative regulation of our security system of collective bargaining is relatively general and lacks guidance while there are also problems existing in judicial practice such as collective bargaining more like a mere formality and so on. At the same time, this dissertation analyzing collective bargaining theoretical basis from two perspectives. In the perspective of industrial relations, collective bargaining shall achieve the goal among three main parts-employees, employers and the government and coordinate a wide range of conflicts of interest. In the perspective of jurisprudence, the right of collective bargaining is human right, and belongs to social rights. From the classification of rights, the right of collective bargaining is classified as the special secondary right of labor of workers. Regarding the property of rights, the right of collective bargaining is a mutual agreement on negotiating matters between two negotiating parties in private right and it also has the effect of legislation between two negotiating parties, so it’s also a quasi public right.Through study of three national security system of collective bargaining in the United States, Germany, Japan, the basis of effectively function of collective bargaining in developed countries is perfect legislation, powerful labor union, perfect procedure of collective bargaining, and perfect mechanism in solving collective labor dispute. Our collective bargaining should start with strengthening right of representation of industrial union and carry out democratic election system in trade unions.Established in our cultural and ideological backgrounds, the conclusion of the dissertation points out the difference of culture solids between China and foreign countries.Law transplantation needs to pay attention to their backgrounds. Finally, the dissertation notes that collective bargaining security is not only our imperfect law system, but also the consciousness of rights. The most reliable guarantee to operate collective bargaining effectively is the change in awareness of labors.