Research On The Legal System Of Unfair Labor Practices

Recently, as in the social and economic transition of China, under the impact of the external economy, the domestic economic system changing circumstances, labor conflicts unceasingly, in this case, the system of improper labor practices, is related to labor law regulating object of the particularity of labor relations, and to the special features of labor law. Labor relations under market economy condition the constituents of the power, both sides due to the difference of economy status and economic power, labor force emerged as a highly balanced state, in terms of relationship between individual workers and individual employers, workers can only be subservient to the dominant. In order to make the stability of labor relations and social economic development, the employers and workers will need a certain status of the balance, and individual labor is hard to compete with powerful employers, therefore need a system that the autocratic power against employers.System of improper labor practices as a solidarity rights safeguards, in guarantees the realization of collective bargaining and solidarity rights has important position and role, when employers of improper labor practices infringe on the rights and interests of the trade unions and workers, how to achieve the benefits of improper labor practices, are the problems we should solve. To face and solve these problems, can’t just take the means of administration such as the government to increase investment, raise the minimum wage, is more important and much more urgent:through the legislation system of improper labor practices in China, at the same time, guarantee the laborers’right to collective bargaining and solidarity, can improve the strength of workers and employers, and workers’ interests can also be expressed through collective bargaining. Second, the labor law, the legal system of improper labor practices is generalized solidarity rights safeguard measures, is also under the condition of market economy norms and balance of labor relations is an important legal measures, when workers were damaged in the process of the negotiation, improper labor practices by employers violations, can be relief through administrative and judicial measures. Finally, due to the regulation of our country system of improper labor practices scattered is not comprehensive, more not the provisions of the relief system, so you need provision from the aspect of legal system of improper labor practices. Improper labor practices (unfairlaborpractice), also known as unfair labor practices or unfair labor practices. As a labor law, the concept of improper labor practices is to exist in the free competition of unfair competition or dishonest business practices used in the field of labor. Its meaning originally refers to the employer with its dominance on economy, to violate the general principle of labor law means to workers’ rights and interests, especially the laborer of collective rights. But in some countries, the improper labor practices included when trade unions and workers use collective bargaining to assault or against the employer’s rights and interests of the main body of improper labor practices, including not only the management, as well as the employees.This paper the concept of improper labor practices and the type to do a simple introduction, and further probes into the legal system of improper labor practices as solidarity rights safeguard measures, measures the position and role in the protection of labor. About improper labor practices in China from legal law made a brief introduction and analysis on the necessity of establishing system of improper labor practices in China; By improper labor practices of the United States, Japan, Taiwan, legislation system, to perfect our system of improper labor practices some reference.