The Research And Reference On The Immunity On Collective Labor Disputes

Now the collective labor dispute, especially the interests of it trend to be disordered increased. However, the main cause of this trend is the lack of benefit dispute processing mechanism. As a result, it develops the following paradox: firstly, the paradox between the demands of worker’s collective interests and the blank legislation; secondly, the paradox between the within legal norms of rights disputes and the method of extrajudicial practices; thirdly, the paradox between the reasonable collective interests and needs and the illegal way to get; fourthly the paradox between the lack of collective dispute processing mechanism and the broad or strict processing means among the local governments.Whether trade unions and workers protected by law to take collective action is that the action is legitimate or legal. Reference herein the immunity system in British collective labor disputes, we will confirm the collective action in the form of infringement or breach of contract, and give the limited immunity. Through the case analysis method the first chapter of this article will list the current typical collective disputes and analyze our real dilemma of collective disputes and which route to choose. By specific analysis of the dispute and the interests of the collective dispute collective rights exist, collective rights disputes, although according to the law, but by illegal workers but to maintain the rights of way; Through concrete analysis found that there are collective rights dispute and interests dispute in our country There are laws to solve collective rights dispute but workers take illegal ways to maintain the rights. And because of lack of interest controversial legislation, the status of local government is in a dilemma. In UK, it confirms the union and laborer infringement or liability for breach of contract in common law, and give limited immunity in the statute law through negative legislative protection to legitimate collective action.The second chapter I will introduce the full civil immunity system, including civil immunity system theory origin; Infringement or breach of Trade unions and workers in the collective action; Civil immunity requirements and restrictions, illegal responsibility.On the third chapter, by scanning the UK legislation and combing the current legislation in our country, I find that the legislation of civil exemption system some invisible rules for collective action. We should draw lessens from British civil exemption system on this basis, establish the legal elements of civil immunity system, and regulate illegal collective action.