Concerning The Improvement Of The System Of Collective Labor Dispute Handing

With the gradual improvement of China’s economic system reform, social developmentand democratic citizenship and legal awareness, China is facing a labor dispute at this stagethe individual to the collective transformation, the importance of collective labor disputesettlement mechanism increasingly prominent. Thus, to improve our collective labor disputesettlement mechanism has been imperative.This paper attempts to combine Nanhai Honda "industrial action" case, discussed China’scurrent collective labor dispute settlement mechanism, in addition to the introduction andconclusion, the main contents are as follows:The first part of this article, succinctly describes the results through the South China Seaand the Honda "industrial action" events, come to deal with the controversial success factors,and the introduction of the current dispute settlement system of collective experience indealing with this incident from the middle, and then made a collective labor disputesettlement mechanism of some kind to improve the legal system problem.The second part of this article discusses the essential difference between collectivebargaining with Chinese characteristics and the market economy, collective bargaining,collective bargaining and binding Elements, features the Honda case negotiations on theSouth China Sea were analyzed, that it is already more standardized collective negotiations,and in the case of process played an important role.The third part of this article, combing the sophisticated to the origins of the Departmentsince1950,"Labor Union Law" provisions of the trade union functions, summed up thesituation in practice unions play functions. Then combined in accordance with the provisionsof the existing law on the role of trade unions in this case, the trade unions and the SouthChina Sea Honda Shishan Town Federation of Trade Unions of specific behaviors wereanalyzed dislocation think there is a problem and the absence of trade unions.The fourth part of this article, due to the mature market economy, the Department ofState’s law is divided into common law and civil law, the paper targeted selected UK, USAand Germany three countries, these three countries through collective labor dispute handlingthe simple practice of carding, and systems in the three countries were rudimentary evaluationand analysis, trying to draw experience for our reference. Then proposed to improve collective labor dispute settlement system of the proposalIn summary, this paper based on the Nanhai Honda event, summed up the current caselaw and legislative design collective labor dispute handling system in our country, that is notonly quite a number of different scientific and rational design treatment system at the time,but the practice also exists in life many questions, practice operability is not strong; ourcollective labor dispute handling mechanism of legal basis is very rare, there is currently nolegislation specifically for its one. Overall, China’s current deal with the collective labordispute in the structure regime has not yet formed a reasonably complete system. Consider theexistence of a collective labor dispute settlement mechanism of the following seriousproblems: a serious gap between the trade union and labor, the labor collective body lacking;status and bargaining power of employees and employers in collective bargaining in thepresence of a great unequal; union severe alienation, there is no constraint from employers notfor the benefit of workers and positive behavior.Therefore, I advocate the establishment of a collective bargaining system with Chinesecharacteristics, the role of trade unions in collective bargaining, and thus improve ourcollective labor dispute settlement mechanism. In view of the collective labor disputeresolution mechanisms are inadequate reference extraterritorial excellent experience, the mainideas put forward: to contribute to the collective negotiation of collective bargaining intransition, the main body through negotiations, the negotiating process, the agreementbecomes effective and the actual performance improvements in four areas; strengthening theindependence of trade unions and representation; introduction of third parties, mediationsystem optimization; improve the labor arbitration and adjudication system. Through a seriesof institutional reforms, the formation of a scientific and efficient collective labor disputesettlement system in order to promptly and effectively resolve labor conflicts, protect thelegitimate rights and interests of workers, so as to maintain social harmony and stability.