On The Perfection Of The Collective Bargaining Structure In Our Country

2010is the transformation period of China’s labor relation. From “the Honda strike” to“the Foxconn suicides”, migrant workers in this new era present the change of labor relationand intensification of labor contradictions in the form of collective actions or their life. Andtherefore, the mere intensification of partial adjustment can not cope with those collectivelabor disputes that appeared continually in China nowadays. It is claimed that theimplementation of collective bargain system is the best way to balance the labor relation andresolve those labor disputes that emerged continually in labor field. However, the study andlegislation on collective bargain system are still remain preliminary, and furthermore, there isno uniform agreement on such a problem that what kind of collective bargain should beestablished in our country. Based on the above, a systematic analysis and study of thecollective bargain system are of great value and significance either in theory or in practice.Based on the basic theory of the collective bargain structure, combined the relativelegislative experiences abroad with specific provisions in our country, and adopted suchmethods as comparative analysis and experiences summary, this paper points out a lot ofdefects in the collective bargain system in our country from subject to practice, and putsforward some feasible strategies on the basis of the conclusion of successful experiences athome, hoping to make some contributions to the improvement of the collective bargainstructure in our country.This paper consists of four parts besides introduction and conclusion:The first part outlines the theory of the collective bargain structure. As the foundation ofcollective bargain system, the author starts from basic problems, and then discusses theconnotation, function and theoretical basis of the collective bargain, and elaborates on thedefinition and determinants of the collective bargain structure, the affirmation of negotiationqualification of collective bargain, construction of the collective bargain institution, grade ofthe collective bargain, and the function of government in the collective bargain. With thedevelopment of the collective bargain system in our country, the process hereof must beexpanded and improved gradually.The second part researches into the theory of the collective bargain structure abroadcomparatively. This part mainly discusses such three aspects as manifestations, constitutionand transformation thereof. Studying from the perspective of provisions and transformation of the collective bargain structure in each country, the emphasis on the bargain structure in eachcountry is different, but the multi-level bargain is their common choice, which is a successfulexperience that brought to our country from the development of the collective bargain systemabroad. Therefore, it is not enough that the collective bargain in our country limits in thosefirst-level corporations, we should resort to the collective bargain of industry level based onthe corporation collective bargain in the future.The third part describes and analyzes the current collective bargain structure in ourcountry. As regard to the construction of collective bargain structure, our country has enacteda few of laws and legislations on constructing corporation collective bargain and industrycollective bargain up to now. In practice, nevertheless, the collective bargain system in ourcountry has not played its deserved role, which is mainly reflected in following aspects: as forlaws and legislations, the efficiency is lower, the content is not comprehensive, and theoperability is poor; with regard to the subject of collective bargain, without the representativeemployers in industry, and the enterprise union lacks of enough independence andrepresentativeness, making the collective bargain not equal; practically, the impetus of thecollective bargain is convert which lacks of direct participation of workers, andsimultaneously, the enterprise union is not competent for bargaining.At last, based on the analysis above, and on the conclusion of such successfulexperiences as the corporation collective bargain in Honda and the industry collective bargainof catering in Wuhan, the author holds that, to further prefect the structure of collectivebargain of our country, on the one hand,we need overall planning in the system level, on theother hand, we need to do some positive explorations in the actual operational level. andfulfill various system arrangements, At the same time, we should make great progress on suchvarious important issues as the perfection of laws and regulations, the construction of socialorganization, the reformation and innovation of trade union system For example,to regulatesubjects, contents and procedures for collective bargain through legislation; to prefectsubjects of collective bargaining through the establishment of trade unions and industryemployer organizations; and let trade unions to truly represent workers, fulfill the legal dutiesbetter through reformation and innovation to trade unions.