Study On The Effectiveness Of Collective Contract

The collective contract system is an important legal system in the field of labor law, it is a kind of medium method for adjusting industrial relations between Labor Standards Law and the conclusion of labor contracts. In China, we govern the collective contracts by Labor Law, Labor Contract Law and The Documents of Collective Contracts, aims to bring stabilization and harmony into industrial relations. In reality, however, the collective contract system didn’t work out well in the process of governing industrial relations. This problem has a strong contact with the lack of reasonability in the effectiveness of collective contract. This dissertation is to discuss this issue and try to solve it. The dissertation is divided into four parts:The first part introduces the basic theory of legal effectiveness of the collective contract, focus on the dual-effectiveness theory which helps to indentify the effectiveness of collective contract, the dual-effectiveness theory is about how the legal effectiveness of the collective contract could reveal both credit and normative.The second part takes Germany, the United States and Japan as samples, then introduce the arrangement for the legal effectiveness of collective contracts in these three countries respectively, especially those aspects which could be legislative reference for our country.The third part is about the current situation of the collective contract legal effectiveness in our country, and analysis towards the deficiency of provisions. Not only the collective contract doesn’t meet the elements of validity as a contract, it doesn’t meet the requirements of normative effect either.The forth part is the suggestions according to those problems. The goal is completing dual-effectiveness in collective contract system, so we should make great efforts in both aspects.The credit effectiveness is the emphasis in the last two parts, the reason is that the credit effectiveness is the key point in understanding the dual-effectiveness theory,but it has been ignored for a long time, this lead to the negative effect for the effectiveness of collective contracts. This situation requires refactoring of elements of validity, in the same time we should also attaches importance to normative effectiveness.