The Research Of Collective Bargaining Right In China

In labor relations, in order to solve the conflict between employers and employees, both sides matter their mutual interest in labor and employment conditions. They collect bargaining, reach consensus, and make decisions to conclude a collective contract, so as to achieve the balance of labor relations. Under this dynamic labor interest’s conflict resolution mechanism, the employees will unite the serf-organization and change their unequal status by changing the labor relations, negotiating with the employers to protect its interests up to the most. In the meanwhile, they take the dispute right as an auxiliary right and as stress means, which facilitates the establishment of their collective contract. Then, in this way, they can use the contract to constrain the behavior of the labor and the capital. The collective composes of three rights, namely unity right, and collective bargaining right and dispute right, the core of right is the collective bargaining right, which contains the concept of labor autonomy, while the realization of their rights shall be established under the concept of labor autonomy. In the construction of the collective bargaining right, first shall make sure the main body and its responsibilities of both parties that have the collective bargaining right. Then both parties shall enrich and regulate the dual effect of the provisions of the collective contract determined through collective bargaining, and finally is to improve the realization of the subservience right and indemnificatory right of the collective bargaining rights. Consequently, ensure that, in the transition period of our country, the collective bargaining system plays a role of highlighting the collective interests among workers, balancing their labor relations and easing social contradictions.