Research On The Legal System Of Salary Collective Bargaining

The economy of China is in a transition period to the socialist market economy,and the relevant social contradictions will arise inevitably. Many enterprises becomethe independent market economic competition bodies, and the conflicts of laborrelations caused by the unreasonable salary distribution contradiction appear constantly,which force enterprises exert great efforts in terms of management innovation to copewith the marketization of labor relations in the new period. Establishing the systemwhich is corresponding to China’s socialist system of collective wage consultationsystem is the main purpose of this thesis. Improving our country’s collective wagenegotiation system is the important way to coordinate the contradiction between laborand capital as well as safeguard the legal interests of laborers. The improvement of thesalary collective consultation system will adapt the raising of the wage growth to theraising of the enterprise benefit, which will ensure that every worker will shall thefruits of the enterprise development. Chinese existing laws and regulations haveprovided some references for collective bargaining for wages, however, generallyspeaking, the salary collective consultation system, especially the legislations in thecollective bargaining of labor relations are few and far between. The solutions to thecontradiction between labor and capital are still in the primitive status, and the currentresolutions are not institutionalized. Labors often appeal to the higher authorities forhelp, or adopt other violent way to solve the contradictions. A perfect salary collectiveconsultation system will not only has important theoretical value, but also has majorpractice significance for the socialist market economy of our country.The first part of this thesis will put forward the basic theory of salary collectivefirstly, which will include the definition, the content and the principle, and then, thelegal value of salary collective will be analyzed. This second part of this thesis willtake the United States and Germany as examples and by analyzing the wage collectivebargaining legal system of these countries, the thesis will summarize the characteristicsof the wage collective bargaining legal system and adopt the useful experience of othercountries for the legislation of China. The third part of this thesis will analyze thecurrent legislation in our country from the aspect of national legislation level and locallegislation level respectively, and then, the current problems of wage collectivebargaining legal system in our country will be summarizes. It will also points out theproblems in Chinese legislation, such as the lack of legal regulations on wage collective consultation system, the formalization in relevant collective wage bargainingnegotiations, the lack of independence of the main body, and the lack of the solution incollective bargaining dispute etc.. The fourth part of this thesis will put forward severalsuggestions to improve the collective wage consultation system of our country. If thetheory departs from the practice, it will become pale. The theories and suggestions inthis thesis are made for the purpose of improving the related theory of wage collectiveconsultation system in current domestic development.