The Study Of The Credential Of The Staff And Workers In Collective Consultation

Collective wage negotiation system is the basis of effective measures to protect the rights of staff and workers and also be used to resolve collective disputes. The implementation of collective wage negotiation system has been ten years, but there are still places to be perfect, especially the credential of staff and workers. Many trade unions did not play due to the role of staff credential, some trade unions even damage the legitimate interests of staff and workers and often economic dependence. Sometimes collective contracts are mere formality. Collective wage negotiations at the enterprise level are often involved union credential, the union is not as spontaneous as the elected representatives of staff and workers,the latter often reasonableness and illegality; in the industry level, the absence of superior trade union and they often replaced by upper-level union; In addition, labor dispatching workers’ credential for collective bargaining often involves the problem in practice.From the start, in the aspect of legal theory and judicial practices, analyzing the Honda case. This article is mainly composed of an introduction, body and conclusion. Following asking questions, analyzing and solving problems in a logical order. Specifically:The first section, Introducing Honda case, dig out the real issues of the case. In this section, the paper also contents the description of the background and significance and literature review.The second section, analyzes the basic theory of collective negotiations. From the basic theory-the credential, starting to gradually analyzing the relationship between the internal logic of the theory and make practical guidance.The third section analyzes the collective wage negotiations on behalf of the main issues of staff and workers’ rights system. This chapter is on base of Honda case, gradually analyzing the practical difficulties of the credential of collective bargaining on behalf of staff and workers, and analyzes the root cause of the problem from four levels:First, the issue of the trade union rights of single enterprise collective negotiations, including the trade union were not appropriately elected to be representatives of the staff and workers; Second, credential of staff and workers in industry, regional issues, the sectors of collective negotiation often appear in the absence of trade unions and trade unions at all levels of intelligence and the question of unclear division; Third, whether the dispatch workers have right to negotiate with labor units and other issues; Fourth, if the staff and workers do not recognize the rights of trade union credential or disagreement on how to handle issues,how the dispute settlement mechanism works?The fourth section, analyzes how to improve our legal regime. This chapter raises countermeasures of the questions above. For enterprise-level, we should improve the electoral system of trade unions to protect the legitimacy of the credential, and in a timely manner to limit the application of staff and workers representatives.In the industry-level,we should improve the formation of trade unions, and make sure the law can protect the legitimate rights and interests of staff and workers; proposes legislation to explicitly dispatch staff having rights to join trade unions and labor units,and can participate in collective wage negotiations, and we should build a complete confirmation process of credential of staff and workers and dispute settlement mechanisms. Only collective wage negotiations can perfect the system level and ensure the legitimate rights and interests of staff and workers, and these can make our country toward a harmonious labor relationship.