The Study On The Self-help Of The Collective Labor Disputes

With the development of economic and social transformation in China, Labortroubles become more and more intense. Under this background, the phenomenon ofthat the workers use the collective fight or collective bargaining in collective labordisputes, common occurrences. For a long time, self-help are seen as a primitive,backward way of right remedy and often been criticized. So advocates the spirit of therule of law in the present, the reason and way of, as well as the social effect, theself-help of the collective labor disputes worth thinking deeply.For the questions of self-help in the collective labor disputes, we will clarify thebasic elements of collective labor disputes. We also will interpretate the cause theworks’ self-help through empirical research and analysis the ways of self-help.Collective labor disputes is a special form of labor disputes, it is special because ofdisputes "group".This "group" specific performance demands of a common laborer,based on their weak position to consider while choosing a "union" form. The workers"union", generate the possibility of collective action. And with problem of the publicremedy, which is inadequate legislation and poor operation in solving labor disputes,more works choose the self-help. The legislation of the collective fight or collectivebargaining is unclear, and that making the current self-help failed to achieve theorderly resolution of disputes. Thus, under the perspective of an effective solution ofthe collective labor disputes, this paper will investigate reason, as well as the waysand disadvantages, of self-help, and explore the rationality boundary of self-help. Inorder to realize the Institutionalization and the ordering of self-help, this paper willput forward some legislative proposals of self-help at the last.