Our Country Collective Contract Dispute Adjustment Mode Selection And Implementation

Along with the development of market economy, there are more and more labor disputes in China. Among these disputes, we should pay more attention to the collective contract dispute. Collective contract dispute in China, include both the labor dispute on individual based on the large number of collective labor dispute, and the collective contract dispute on the basis of the collective controversy. The former in essence actually be the individual labor dispute, but the latter is collective contract by the controversy. With China’s collective contract dispute continuously strengthen system, we can see our collective contract dispute will present be more and more of the trend, and in fact, this view has already been proved by the reality.This article by collective contract dispute as the main research object, to our country collective contract dispute processing system under the premise of author, analyzes the collective contract system adjustment of the dispute of the model, and then to the world of mainstream two patterns of of the argument, that Chinese collective contract dispute processing system of mode selection, and finally the collective contract disputes around our country specific implementation system concretely describes, including the three square consultations, mediation, arbitration procedures in all correct.The collective contract dispute processing system must be consistent with their own national conditions. In the labor dispute, China’s basic national conditions is that the right disputes show more than interest disputes, the individual disputes are far outweigh the collective dispute, the labor disputes person based on the temporary coalition forces are often more than the power of trade unions. At the same time our administrative power can be seen everywhere. This determines that our country cannot copy the western market economic law principle of national collective agreement the processing means of mode. We have to take in the coexistence of diverse forces which under the government’s participation to adjust the collective contract dispute.《Labor Dispute Mediation and Arbitration Law》 sets that the collective contract dispute can be regulated by tripartite consultation system. While in current China, the tripartite consultation system is operated by the labor administrative department. We need to cultivate the power of both employers and employees. The labor arbitration and litigation system have not provided the dispute of concluding collective contract, which indicates that the adjustment of the collective contract dispute still needs to be improved. In the collective settlement of disputes, the law does not authorize both employers and employees the right for collective dispute. The private relief channels between employers and employees in China is in a suppressed state frequently, which does not contribute the solution of dispute obviously. Thus, the adjustment of the collective contract dispute needs to walk towards the road of social relief and private relief simultaneously.Although the collective contract dispute in our country at present is still in the initial stage, from its development trend of long-term consideration, we still need to further research, and explore the suitable system for China’s national conditions of collective contract dispute adjustment.