The Research On The Subjects Of The Collective Agreement System

In western countries, the collective agreement system is a very important systemin adjusting work relations, solving labor contradiction and resolving labor dispute. Inthe collective agreement system, the labor union representing all the workers andnegotiating with the employers or the employer organizations is a major means to getthe balance of strength in the labor relations. Also the collective agreement systemplays a very important role in promoting the workers democratic participation andestablishing a harmonious labor relation. In many countries, collective agreementplays a more important role than individual labor contract in protecting the rights andinterests of laborers.It has been twenty years since the Labor Law was introduced in1994, whichmarked construction of equal negotiation and collective agreement system in China.With Honda strikes in2010, the focus of the adjustment of the labor relations in Chinais moving from the individual to the collective labor relations labor relations. Aboutthe implementation of the collective agreement system in China, on one hand, eventhough the number of collective agreement each year in our country is more thanmillions, there are rarely disputes raised by the collective agreements. On the otherhand, in recent years there were a lot of group disputes most of which were strikes.And the major of the disputes were organized by the laborers without the involvementof the labor union. These phenomena did not meet the aim of the collective agreementsystem.The first step in developing the collective agreement system is to research therelevant issues of the subject of the collective agreement. All sorts of problems in practice have close relation with the theoretical disagreement of the subject of thecollective agreement. This thesis will study about these issues.Elaborately speaking, part one, the thesis discusses the relevant concepts. Parttwo, through analyzing the doctrines the thesis figure out that the labor union is theparty of the collective agreement. Then the thesis analyzes the relationship betweenthe labor unions of the workers to clear and definite the legal status of the labor unionin collective agreement. Part three, the thesis mainly studies the capacity and thecontracting authority of the labor union in the collective agreement, including thecorporate capacity of labor union, representational rights, the content and process ofthe collective agreement. In the last part of the thesis, on the basis of learning from theexperience of other countries, the thesis comes up with some ideas to improve thecollective system in China, including the labor union reform and improvement oflegislation.