The Research On Perfecting The System Of The Subjects Of The Collective Contract

Among the systems of the collective contract, the system of the subjects of the collective contract is the most basic and fundamental. However, in our country, the lack of legislation and practical experience causes the subjects of the collective contract that could not effectively enjoy the rights and assume the obligations, and influences the implementation of the collective contract. Therefore, how to reasonably and effectively solve the existing problems in the subjects of the collective contract will help to improve the collective contract system, contribute to the harmonious labor relations and the harmonious society in our country.The paper is focused on four parts to clarify this question. The first part introduces the basic theory of the subjects of the collective contract. The German scholars have made the most deep study. Sinzheimer is the representative of the group theory; Lotmar is the representative of the agency theory; Woelbling is the representative of the portfolio theory. On the basis of these theories, some scholars in our country have put forward some creative views. For example, Mr. Sun and Mr. Shen created a theory of integration of the trade union and the labor. Mr. Chang believes that the labor subject of the collective contract are both the trade union and the labor.The second part analyzes the situation of the subjects of the collective contract in our country. In spite of the relevant theories, our legislation and practice on subjects of the collective contract still exists many problems. For example, the lack of independence of trade unions and constructing employers’ associations.In order to solve these problems, it needs to draw lessons from the foreign legislation and practice experience. The third part of the paper introduces these experience. Including how to ensure the independence of the trade union, improve the rights and obligations of the both parties, etc.The last part of the paper makes some suggestions to perfect the subjects of the collective contract in our country. In the aspect of legislation, the trade union in our country should keep independence; the employers’association needs to be constructed; the rights and obligations and legal liabilities should continue to improve. In practice, it is the high time to improve the construction of the trade union; strengthen the enthusiasm of the labor, ensure the homing of the governmental functions and change the employer’s traditional understanding of the collective contract.