Research Of Legal Problems Of Collective Contract Subject

The construction of collective contract system has played a crucial role in bufferingconflicts between labor and management, harmonizing labor relations, safeguardinglegitimate rights and interests of employees and stablizing economical order, which hasbeen used widely as an important legal system to adjust labor-capital relationsworldwide. Now China has adopted this system. But the original intention can not beenachieved for many reasons, such as formalizing the collective contract, lackingmaneuverability because of content invoking legal provision and so on, which can notsafeguard the rights and interests of employees. There exist so many problems in thecollective contract system from which the author has found the several key problemsincluding unclear the definition between subject and object, unsound relative legalsystem and helpless Labor Union. As a consequence, the author has regarded relativetheory and practice as basis, done some research in the problems that exist in thesubject and object of collective contract system and put forward some thoroughsuggestions in order to consummate China collective contract system which can help towork in safeguarding the legitimate the rights and interests of labor and harmonizinglabor relations.The paper studies the meaning of the subject in the Collective Contract from theconcept and value of the Collective Contract in the first place. It introduces threedifferent doctrines of determining the labor subject and comes to the conclusion thatthe labor subject should be the labor union by comparative analysis. The paper pointsout the two subjects in the collective negotiation, meanwhile, it states that theCollective Contract is different from the General Civil Contract, which requires theintervention of the state public power and needs to introduce the supervision subject toconstruct the three subject structures in the Collective Contract System. Secondly, thepaper studies the main problems of the three subjects in the Collective Contract inreality. As for the labor subject, the problems include the lack of independence of thelabor union, the vague orientation of the labor union and the generalization of theunion representatives. In the aspect of the employer subject, the problems include theabsence of the employer subject as a negotiation subject and the unfair labor practicessuch as the opposition to establish the labor union to negotiate collectively and theunfair treatment to the labors that join in the labor union. The third aspect is about the supervision subject. The government lacks the effective supervision and does not playthe role of solving the controversy effectively. Finally, the paper put forward thesuggestions of improvement for each of the problems. As for the labor subject, weshould clarify the functions of the labor union, guarantee its independence and promoteits democratization. As to the employer side, we should regulate the employers’ unfairlabor practices and the responsibility of the employers. For the supervision subject part,we should strengthen the government’s guidance and supervision functions.