| Under the condition of socialist market economy, the collective-bargaining system is the system arrangement of the essential,and it is the important guarantee to adjust labor relations, at the same time, it is also the powerful weapon of enterprise employees to maintain their own rights and interests. The collective-bargaining system, is not only can have the effect of balanced worker income in single enterprise, but also can play a role in balancing the worker income in many enterprises in the industry and area. The socialist market economy in our country is in rapid development period mow, as a whole, one of the supporting system of market economy, the development of the collective-bargaining system process must also match the development of market economy, and it also put the high demands to the improvement of the collective-bargaining system. The value of collective-bargaining system is to balance the distribution of interests of relations of both employer and labor in dynamic, make the differences of the interests of both sides have institutionalized channels to settle. Typically, purely from the contract of enterprise and labors, or the amount paid to the laborer from the enterprise, can’t really reflect a certain labor value in, enterprise, a particular industry or area. If there is no collective-bargaining system to balance the both sides of labor and capital, made the relationship imbalance in a long and large in a state, will cause distortion of the labor price formation mechanism in an open market economy gradually, eventually turning the balance of the market economy build on. In the adjustment of labor relations, therefore, must be to seek perfect collective-bargaining system to maintain the balance of interests between both sides of labor and capital.This paper takes a typical case, from the space, the content and the liability for breach of contract to analysis. It’s not hard to find, Yunnan provincial enterprises and trade unions to collective-bargaining contract, more or become a mere formality, not in the protection of basic rights and interests, including collective-bargaining, workers play a substantial role, low quality of the collective contract, operability poor collective-bargaining system is still in Yunnan province and even the whole country. On the basis of the case, this paper further analyzes the Yunnan province, the importance of local legislation to improve the collective-bargaining system in Yunnan province, and puts forward that the related legislation is too simple, and the collective-bargaining system legislative level is low, and poor maneuverability legislative defects. “Labor law”, “labor contract law”, “The collective contract Regulations”, and “The trial measures on settling wages through collective negotiations”, while referring to the collective-bargaining system, but to take care of the regional differences, the laws and regulations of the provisions of the collective-bargaining system are made of principle, lack of law should be guiding role, at the same time, also lack of mandatory rules. “The collective contract regulations of Yunnan province” and “The Yunnan province regulations on the enterprise salary collective to talk things over to some extent”, although gave a supplement to the laws and regulations and refinement, but local legislation has the problem of legislative level low, unable to completely fill the gaps in national legislation, cannot fundamentally guarantee of workers in the area of collective bargaining.Therefore, how to perfect the system of collective-bargaining in our country, from the legislative level to more effectively balance the interests of both sides of labor and capital, so as to make our country labor relations adjustment mechanism can adapt to the socialist market economy development speed, is an extremely urgent and unavoidable issue. |
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