Legislative Reflection On And Improvement Of Governmental Functions In Collective Negotiations Of Our Country

By sorting and summing up the law of collective negotiation,our government is summarized in the main performance of the functions of collective bargaining :Supervision function,service function,and the coordination and processing functions of collective labor dispute.In recent years,the Chinese government in the play function in the operation of collective bargaining are not sufficient.Investigate its reason,mainly exist some disadvantages on legislation and system design.Based on the current legal regulation on government functions in collective negotiation situation,puts forward some improvement Suggestions to perfect the relevant legal regulation,is conducive to better play to the functions of the government according to law,promote the development of collective bargaining,dissolve the labor conflict.The first part of the article induces and summarizes the Labour administrative departments of our government functions in collective bargaining.And the meanings and contents of the various functions of the specific analysis.Through summary of relevant laws,the government's supervision function mainly monitors the execution of collective bargaining rules,procedures and results of supervision and consultation.The government's service function refers to the government in the process of collective bargaining and indirect regulation,provide help it to reach an agreement on both sides of Labour and capital of all kinds of information,guidance,and extensive publicity and education on system of collective bargaining.Government coordination and processing function refers to when the two sides clashed,government should coordinate and deal with the conflicts between the two sides,to guide negotiations both sides,promote labor both sides sign a collective contract.The second part of the article mainly analyzes our country about the government function the shortage of legislation in the collective bargaining,and lead to the problems caused by the government in the process of functions.Some rules are too principled,the government supervision function in the collective bargaining position is not reasonable,inadequate exercise of power,lack of legal basis,and even to abuse of rights.The problems existing in the supervision function is not perfect program.Service function lack of national legislation and local legislation goal orientation is not allowed.Problems of coordination and processing functions is that the government lacks active prevention,coordinated approach lacks operability and related regulation principle of the launcher.The third part of the article is about the function of government in the collective bargaining system to perfect the legal position.On the supervision function,supervision procedure should be regulated to establish the government and the unions collaboration system of legal supervision,and perfecting the examination Suggestions related regulations.Our service function should be included in the national legislation,and the specific content of clear service function.On the coordination and processing functions,the establishment of labor dispute prevention and emergency response mechanism,establish a mediation organization.