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The Collective Transformation Of China's Labor Relations

Posted on:2016-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:B HongFull Text:PDF
GTID:2336330479953805Subject:Science of Law
Abstract/Summary:PDF Full Text Request
China's labor relations are currently undergoing the process of collective transformation. The collective transformation of labor relations means that China's labor relations change from individual labor relations toward collective labor relations. However, different from historical transformation from the individual autonomy to the collective autonomy in western countries, China's adjustment of labor relations is launched under the background of “state corporatism”. Therefore, from the “state corporatism” to “ agreement autonomy ” becomes the focal point of the collective transformation of labor relations.By understanding the history and current situation of China's adjustment of labor relations, we will find, in instead of laborers and employers, the state is occupying a dominant position and has become the subject of labor relations. In terms of individual labor relations, national legislations, “Labor Contract Law” as the representative, intervene the content of the labor contract directly; And in terms of collective labor relations, administrative power is the dominant force that promotes and controls the labor relations. These factors, such as dominant of national targets, shortage of system supply, lack of “Three Labor Rights” and differentiation of labor force, constitute the major obstacles to the collective transformation of labor relations and make it difficult to achieve harmonious labor relations fundamentally.Agreement autonomy is goal of collective transformation of labor relations, and it also outlines the general framework that adjusts the collective labor relations. Labor equality, labor autonomy, tripartite consultation and labor relations stability are principles what should be adhered to construct the collective labor relations. At the end of the article,the paths are pointed from five aspects,including role of the state, personality of the subject, collective consultation system, labor strikes and labor dispute settlement.
Keywords/Search Tags:Labor Relations, Collective Transformation, State Corporatism, Agreement Autonomy
PDF Full Text Request
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