Research On The Legal Problems Of Laborers' Collective Bargaining Right

The so-called right to collective bargaining means that workers can negotiate with employers or their organizations through trade unions on issues like working conditions, labor standards working and have the right of signing collective contract to protect their legitimate rights and interests of labor. As the core of collective rights, collective bargaining has been recognized by the laws of most of the western market economy of western countries, which has become an important mechanism for the adjustment of labor relations in a modern industrial society. Its main role is to coordinate and stable labor relations, to protect the legitimate rights and interests of workers and employers and to promote the common development of enterprises and workers. Collective bargaining right has become the basic right to adjust labor-management conflicts, to coordinate and stable the labor relations.In comparison, since the establishment of the market economy, despite the vigorous implementation of collective consultation and collective contract system, the establishment and implementation of the system is very slow by the long-term impact of the planned economy. The interests of both employers and employees, especially the disadvantaged workers in labor relations are constantly violated, which results in increasingly tense labor relations. Collective labor disputes occur frequently:On November 3,2008 in Chongqing taxi cab drivers stroke because they were dissatisfied with the taxi company charging too high management fees to affiliated individuals, difficulty of filling in the main city, fines and other reasons; On May 4,2009 hundreds of employees of the South China Baidu stroke against payment cut and the new sales commission policy; On May 17,2010, in Foshan City, Guangdong Province, hundreds of employees of Honda Auto Parts manufacturing Co., Ltd. who were dissatisfied with low wages, poor benefits suspended work; On May 22,2010, Employees of Foshan, Guangdong light Valeo (Foshan) automotive Lighting systems Co., Ltd. requested for additional compensation in the form of lay-off.These phenomena and problems arise mainly from the fact that workers collective bargaining rights are not achieved and protected properly. The reasons are manifold. Due to the problems of current legal system, the employers get an opportunity to break the law covertly. They control the trade unions directly or indirectly, making the collective bargaining useless. As a result, the final collective agreements between employers and employees often become a dead letter, so the legitimate rights of workers can hardly achieve effective protection, violating the legitimate rights and interests of workers, and affecting the stability of labor relations. If we do not take reasonable measures to resolve the problems, there will be very bad consequences not only for the enterprises but for the workers, so it is necessary to protect and maintain the collective bargaining rights of workers effectively. In fact, with the development of economic globalization, harmonious labor relations will be a competitive advantage and of great importance to the survival and development of businesses. Maintaining and protecting workers' right to collective bargaining between employers and employees is important to the balance of power relations, coordination and stability of labor relations, protection of legitimate rights and interests of workers. It can also improve management efficiency, achieve industrial democracy, and promote social harmony, etc.,The study focuses on the potential problems between employers and workers in negotiations and tries to deal with them in both academic and practical perspectives. The thesis examines our collective labor relations adjustment mechanism through comparative analysis, historical analysis and other methods. The paper is divided into four parts, discussing the workers collective bargaining-related legal issues:PartⅠis about the basic theoretical analysis of collective bargaining rights of workers. It contains of the concept of the right of workers to collective bargaining, legal characteristics, the theoretical basis and the social function; PartⅡintroduces the world's major legal systems of collective bargaining with a very detailed description, then it analyses the main features of our national collective bargaining system with a view to workers collective bargaining rights,which is beneficial to the development of Chinese legal system; PartⅢtalks about the main problems of the current collective bargaining based on the analysis of the current collective bargaining rights of workers; Part IV presents some specific legal measures to improve our collective bargaining rights of workers, through analysing the problems of China's current collective bargaining system and learning from foreign advanced experience. The key point and innovation of this article are to sort out the problems of the legal system, and then sums up the suggestions and solutions to these problems. It also helps to improve and develop our facilitate collective bargaining system on labor issues related to the legal system.