Collective Consultation System In China:Problems, Causes And Countermeasures

With the rapid development of our economy, labor conflicts are increasing accordingly. The balance of power between the labor and the capital is so wide that they can’t use the law weapon to protect the proper rights of themselves when facing the strong management due to the absence of legislation. On the contrary, labor conflicts tend toward relaxation in western countries. Collective bargaining which is the economic bedrock plays an important role in regulating and reshaping the labor relationship. So we will benefit a lot from their effective system and practice to promote the legalization, systemization and standardization of collective consultation system. The body of the paper is composed of5parts. Part one is the introduction, which introduces the origin of the topic, the key to the question and research methods. Part two is the problems of the collective consultation system. Based upon professional experience, the author investigated their working state of "the white collar" and migrant workers and the operation of the collective consultation system. Summarizing the problems we are facing during the operation of the collective consultation system. Part three is the restraining factors of the development of the collective consultation system in China. In the author’s opinion, the root cause is the imbalance between labor and management, while the immediate cause is the poor operability of related laws. Part four is the development and reference of collective bargaining system in foreign countries, which mainly introduces how the labor rights are protected and how the high-level benefits they have in these countries. And hope it can provide the train of thought to the China’s design of collective consultation procedures. Part five is the countermeasures to promote the collective consultation system in China, which mainly put forward detailed suggestions from a variety of ideological and theoretical perspectives, ranging from implementing the freedom of association, establishing the independent industrial trade unions, giving workers the right to strike, in order to achieve both equality of arms, to bringing mandatory standards, establishing and perfecting the procedural norms and strengthening the legal responsibility regulation. The innovation of this paper lies in:breaking the previous labor dispute settlement model which mainly relies on the strong government intervention and increasing the intensity of law enforcement. The author combines the working experience of herself to raise that labors should be the decider and participant of their own rights, and put forward some feasible countermeasures accordingly.