Legislation Improvement On Collective Bargaining In China

Collective bargaining means that the parties to the employment consult with eachother in respect to the remuneration, working hours and conditions and other mattersconnected with the employees’ immediate interests, the final purpose of which is toenter into the corresponding collective agreement for the parties to follow. In othercountries, it is an important system to coordinate and stabilize the labor relation;however, we have scarce provisions on the collective bargaining with the limited trialof the national legislation. The state and the local governments have been promotingthe system for years, however, it features superficiality and framework and hence hasnot achieved its expected result in protecting the employees and coordinating thelabor relation due to the lack of legal liability, criterion for the contentious acts,solution to the collective disputes, etc. Therefore, I intend to study the pertinentregulations and reality of our collective bargaining system in the existing legislationenvironment, and analyze the problems as well as referencing to the effective practiceand experience of other countries and different opinions of our scholars on the systemso as to contribute some reasoning on the improvement of the collective bargaining.This article will focus of the following: drawbacks of our legislation on collectivebargaining, experience of other countries, bargaining party (trade union), liability,contentious act (strike), and the settlement of the collective dispute.