Research On The Workers' Representative Mechanism" In Collective Labor Disputes Of China

In recent years, workers of collective action resulted in increasing of the collective labor disputes. From 2010 to 2015, dozens of collective labor disputes had occurred in the Pearl River Delta area, and these events promoted the appearance of the spontaneously elected negotiators and disputed action representatives. It contains such features: after a collective labor dispute happened, the majority of workers involved the demands in the same business, elected a number of workers representatives according to the civil, and written authorization to them, negotiated and consulted with employers on behalf of workers by the representatives. Such behavior mode contains subjects, rights and obligations, legal acts, legal consequences, technology and other aspects, its operation and features are relatively clear, scholars summarized as "workers' representative mechanism". Based on the collective labor dispute cases in Pearl River Delta area, from the content, origin, function, limitations and other aspects of the " workers' representative mechanism" to conduct a comprehensive analysis, and make a concept definition of it, in the background that the existing system of labor law can not effectively prevent and resolve the collective labor disputes, and labor unions face credibility plight, based on economic, political rationality, workers avoided institutional obstacles of labor law, but selected the “natural sound system”—civil law, methods, mechanisms, which created a behavior patterns of representatives and represented, entrust and agency relationships.This article explore and study "workers' representative mechanism" according to the logical structure of " find problems—analysis problems—solve problems". The part of the introduction describes the background and significance of topics, research subjects and methods, innovation and insufficient, carding and reviewing the related research and assessment of the "workers' representative mechanism ".The first part of the paper is "find problem". First, organize the cases of collective labor dispute which use "workers' representative mechanism". make a detailed description of the behavior such as workers selected representatives, written authorization, workers division of the job, the organization of democratic discussion and decision-making, involved in labor negotiations, coordinated collective action. Then, find the questions from the cases, summarized the content, origin, function, limitations, and other related issues of the "workers' representative mechanism ". and then specify the subjects and content of the paper.From the second part to the fourth part of the paper, it comes to "find problem". the second part attempts to define conceptually about "workers' representative mechanism" from the perspectives of backgrounds, reasons, actions, mechanisms, methods, then gain the content of labor representative system by case summary which includes subject, legal relationship, rights and obligations and methods. the third part discusses the reasons of "workers' representative mechanism" from both direct and indirect perspectives. the direct reasons come to explain the surface reasons that produce the labor representative system including the incomplete of relative legal system, labor union's defectiveness of representative, the wrong role of local government, labor's self-consciousness get strengthen and action capabilities get improved, the convenience made by the information technology and so on. The indirect reasons are the deep-seated reasons behind the phenomenon such as worker behavior logical, the development discipline of the market economy, social development level. The fourth part of the paper is the empirical analysis to the capabilities and limitations of the "workers' representative mechanism". to recognize the "workers' representation" in the unity of workers, start collective bargaining, collective action coordination, stimulate and motivate union system and other aspects of the function. Meanwhile, made a depth analysis to its limitations, for example, the position of workers' representatives lack of legal definition, encourage and protect the rights of workers' representatives is limited to the scope of civil law, workers' organizations lack a permanent form, organization and mechanisms and so on.The fifth part of the paper is "solve problems." First, to make recommendations of law adjustment on the "workers' representative mechanism", objective, rational understanding of "workers' representative mechanism", guide and regulate it in the rule of law, through the reform of the trade union system, make the "workers' representative mechanism" to “Reverse substituted”, secondly, from the performance and play a role in the case of "workers' representative mechanism", reflected the ideas and direction of labor law reform, discusses the "workers' representative mechanism" from the role and position about the subjectivity of the labor, representative of the labor union and coordination of the government, discuss the influence and inspiration from the "workers' representative mechanism" to labor law reform.This research found that, when the existing labor law fails to provide workers with adequate and effective institutional basis, based on economic and political reason, working groups choose to use civil law to guide, motivate and constrain the labor party. Because the civil law is rooted in relationship of cooperation and coexistence, which is the basic rules of society. Although "workers' representative mechanism" makes many labor disputes of many groups resolved and the legitimate rights and interests of workers can be preserved, but there are still many limitations: it lacks legal recognition and protection, the boundary is not clear, nor have the means and mechanisms within the national trade union organizations, workers' interests cannot be used as a collective or social interests to be expressed and maintained. Therefore, proposed at this stage appear "workers' representative mechanism" to adjust and standardize the legalization, incorporate it into orbit adjustment of legalization, while using "workers' representative mechanism" formation of organization resources, deepening the reform of the labor union, "workers' representative mechanism" be absorbed or reverse to replace. In short, to understand labor demand, the strength and behavior logic, learn from the practice of driving force of labor law reform.