Study On The Collective Contract System In China

Collective contract system which is universally implemented as a specializedlabor law system for market economy countries to coordinate labor relations has beencarried out in our country for more than ten years. It has a favorable outcome topromote trade union organization construction, maintain workers’ legal rights, perfectenterprise management and balance the interests of all parties and many other aspects,the system didn’t work sufficiently results from the disbranches such as the obsoleteconcept, system defect, legislative loopholes and so on. Compared with the developedcountries, the collective contract system didn’t bring significant social economicinfluence to our country. With China’s entry into the "labor disputes frequency",industrial relations currently become a serious social issue, how to further improve thecollective contract system, so as to construct the stable and harmonious labor relations,and promote social and economic development became a top priority.This article starts from the brief introduction of collective contract system andintroduces the background and development of it, then try to find out the shortages ofit and put forward relevant suggestions through the survey of our country’s collectivecontract system on the basis of combination with the theory and practiceIn addition to the preface, this article is divided into four parts to introduce relevantlyof the collective contract systemThe first section is the overview of collective agreement system. As one of twocore agreements that adjust labor relationship within labor law, Collective agreementis the one that is signed by corporate employees with employers or their group, is theone that is an effective supplement. It has both common character and significantparticularity compared with general contract. Collective agreement system is a lawsystem that different factors influence and interweave to each other such as subject ofcollective agreement, signing procedure, content and effect. The above is the base ofthis thesis.The second part introduces the background and development course of thecollective contract system. Collective contract system first produced in the western capitalist countries, as a rational product of the struggle between labor and capitalist,its legal status has experienced a hard process of “disagree—admit--protect”. And inour country, as an exotic, collective agreement system has been led into the right trackafter long-term and tortuous development. By history overview at collectiveagreement system, it will be better to grasp the essence and elite of collectiveagreement system and to avoid kinds of misunderstandings’ stop from the sensitivecriticism and construction.The third part focuses on the current condition of our country’s collectivecontract system and existing problems. Collective contract system contains thecollective contract subject, content, signing, implementation, effectiveness anddispute resolution mechanism and the responsibility mechanism and so many othercomplicated factors. All these factors have flaws both in theory and practice, likeunclear subject, unregulated procedure, which are interweave and influence mutuallyand affect the proceeding of collective agreement system from different angles andlevels.The fourth part is about the perfect measures of collective contracts system, andput forward the corresponding improvement measure. According to the shortage ofthe collective contract system mentioned above Which includes mainly: improve thelaws and regulations of the main body about collective contract, strengthen thepower of trade unions and role; a right to collective bargaining system construction,enrich the content of the collective contract; regulate the collective contracteffectiveness; to speed up the collective contract legislation, improve the collectivelabor relation adjustment to the relevant laws and regulations; clear governmentfunction orientation, give full play to the government’s correct auxiliary function;perfect collective labor dispute solution; establish and improve the responsibilitysystem, supervision and inspection of the system performance.