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Study On The Mechanism Of Collective Labor Disputes

Posted on:2018-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:X X ChenFull Text:PDF
GTID:2346330512499118Subject:legal
Abstract/Summary:PDF Full Text Request
China has long been paid close attention to the adjustment of individual labor relations and took little attention to the collective labor disputes which is likely to lead to the mass labor event. When a large number of collective labor disputes arising , we always unable to find a solution within the existing legal framework. Nowadays, as the market-based labor relation develops, we must recognize that is a way for workers to release long-term accumulated dissatisfaction. At the same time, we should set up a platform for both labor and management based on the idea of social fairness and justice. We should follow the principle of “ labor autonomy " and “protect the weak”to deal with collective labor disputes and accurately position the government.Through the consummation and construction of the collective labor dispute adjustment mechanism,to seek the legal way for workers. The transition from government-led gradually to labor autonomy?labor cooperation,which in order to establish a harmonious collective labor relations.Firstly, this paper focus on introducing the basic theory of collective labor disputes.The author choose four representative countries' handling mechanism for collective labor relations. Through their comparative evaluation to improve handling mechanism for China. In the United States and Germany,the classification model is accepted to deal with the collective labor disputes, The dispute of rights adopts the judicial procedure,and the dispute of interests adopts negotiation and mediation. Japan pay more attention to internal consultation and mediation, to guide mutual understanding between labor and capital with positive labor policy and promote harmonious labor relations. The ACAS agencies in UK plays an important role in resolving labor disputes, and actively take the initiative to resolve labor disputes. Afterwards, the author summarizes the present situation and existing problems of the legislation mechanism of the collective labor dispute in our country, and puts forward some suggestions to improve the collective labor dispute handling mechanism. The settlement of collective labor disputes should not only pay attention to the relief afterwards, but also the prevention of collective labor disputes.
Keywords/Search Tags:Collective Labor Dispute, Rights Dispute, Dispute of Interests, Collective Labor Rights
PDF Full Text Request
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