Study On Chinese Trade Union’s Maintenance Duty From Perspective Of Labor Rights

China is in an important stage from a planned economy to a market economysystem，Economic and institutional changes brought about fundamental changes inlabor relations,which brought up the tripartite interests of the government, employers,workers. Employers are born there to seek maximum benefits for primitiveaccumulation while ignoring the legitimate rights and interests of workers. In recentyears, many local enterprises owed wages, ignore the workers labor safety andoccupational health. Local governments may be due to the one-sided pursuit of GDPlose che position on the protection of workers’ rights. As the representative ofprotecting laborers’rights, the trade union must stand up for labor rights and interestsof the majority of members. Conflict of interests between employers and employeeshas become more evident reality, Collective labor disputes, and even the endlessstrikes become more frequent,,however, trade union is Unable to play due rolebehalf of the staff to safeguard the legitimate interests in labor conflicts. It is closelyrelated to our lack of collective labor rights and trade union’s obscure legal status.This paper attempts to clear up the connotation of the rights of labor rights and tradeunion legal nature from a human rights perspective, Combined with the effectivenessof trade unions’ practices to safeguard labor rights in recent years, then analyze theproblem, study how to achieve the perfection of our constitutional right to collective labor and trade unions’ legal duty of protecting works’rights.In addition to the introduction, this paper is divided into four parts.The first chapter elaborates theory of labor rights from the perspective of rights,which enjoyed by citizens including the right to employment, working conditions, theright to solidarity. Labor rights could be divided into the right of individual labor andcollective labor rights. Collective labor rights occupy an important position in thelabor rights protection system. This chapter analyzed the legislative provisions on thelegal nature of the union’s functions, pointed out that the union is representative of thecollective labor rights, which strive to achieve labor autonomy by enjoyment of thecollective labor rights.The second chapter introduces the current situation of trade unions’ protectingworker’ rights in the exercise of human rights with taking Zhejiang province as anexample. First it pointed out that Chinese existing trade union operation mode is aparallel mode which Combined defending workers’ rights and the maintenance ofsocial stability. Then, elaborates collective contract system, participatingimplementation of democratic management system from the collective labor rightsperspective on the construction of Chinese trade unions.The third chapter analyzes the pros and cons of the model of the existing tradeunion rights in China. The social operation mode of Chinese unions has the advantageof the recognition by the Party and government, which is an Ideal model of theinterests of all parties to a concerted. Then it pointed the reason that unions can noteffectively perform the maintenance function, firstly lacking of the independence,resulting in the employment rights representative, the other trade unions to carry outcollective consultation, democratic management formality. The third is the right tostrike has not be admitted by the Constitution.The fourth chapter attempts to put forward to strengthen and improve the duty ofthe trade union in the legislative and institutional reform. First, the collective laborrights should be written in the Constitution. The second is to improve the union legalsystem, searching for the right union reform path by legislative guidelines. Unionrights for the maintenance duty of the organization system should be built, to substantive collective consultation mechanism, setting reasonable safeguards andrestrictions on the exercise of the right to strike.