China's "Collective Contract Law" Local Legislation Resources Review

The collective contract system, which plays a important role in dealing with the labor dispute and building a harmonious labor relation, together with labor contract system are the two footstones of protecting laborer's rights. In 1994, China promulgated the labor law and labor contract law, while with a brief mention of collective contract law. Though the contents were completed and perfected through the promulgation of labor contract provision promulgated by ministry of labor in 1994 and the promulgation of collective contract regulations promulgated by labor and social security in 2004, the collective contract law and other related regulations are too unequivocal with narrow sense, carrying low force of law to be implemented as administrative regulation. China still suffers from the lack of independent legislation on collective contract law, which greatly affects the working order and implementation of collective contract system. Thus, it is the top agenda of Chinese government to promulgate the universal collective contract law in the earliest step.The local legislations of collective contract are booming compared with the central government. Each year, there are a great amount of provinces and cities promulgating the provincial regulations of collective contract, especially in 2004, which not only solving the inadequate legislation in China, but also making the innovation of collective contract regulations and providing the precious experience for nationwide legislation of collective contract regulations. However, in terms of the current local legislations mostly formulated after 2004 and the inevitable continuity of innovation of local collective contract regulations to meet the requirement of development, we only acquire little knowledge of local legislation resources.Additionally, whereas China's primary stage of socialism and economic transition period, the legislation of collective contract should not only take the advantages of theory and framework of foreign collective contract regulations, but also take the great reference of the parts consistent with our national circumstances. Thus, this paper provides the legal ground for promulgating the collective contract regulations through taking the reference of local legislation practice of China's collective contract regulations and analyzing the local legislation resources, as it seeks to perfect the collective contract regulations and strengthen the functions of collective contract regulations.This paper firstly discusses the general theory and the significance of collective contract regulations. Secondly, this paper researches the current legislation and current implementation of collective contract regulations, analyzes the problems among them. The incomplete legislation system and unbalanced law structure are mainly because the lack of national collective contract law. The implementation of collective contract regulations is restrained by the lack of law either. The paper conducts the research on subject, sort, consultation, supervision and responsibility, the five fields of collective contract regulations to clarify the drawbacks of national legislation and practice. The paper also mentions the different innovations of local legislations towards this collective contract issue. Ultimately, on the basis of the research mentioned above, this paper proposes some advices for promulgating collective contract law and perfecting the collective contract regulations: formulating the specific subject of collective contract regulations; widening the sort of collective contract regulations, strengthening the feasibility of collective contract regulations on special industry, region and purpose; trade union should play its role to promote the influence of consultation,; government should play role to establish the long term supervision in terms of multi-lateral cooperation; clarifying the responsibility of each side of the contract.