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Research On The Right To Collective Bargaining

Posted on:2019-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:G L LiuFull Text:PDF
GTID:2357330548457656Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
At present trade union in China does not enjoy the right of collective bargaining actually,though whether the official leading the collective consultation or workers spontaneous "collective bargaining" has played an important role in resolving the contradiction and safeguard the rights and interests of workers,but both are different from the western developed countries of market economy in the sense of collective bargaining.The direct reason is the absence of grass-roots trade unions,such as lack of union representation,and the suspension of workers' right to vote and to be elected.But the root cause is both universality and particularity.The particularity of the problem mainly refers to the production of Chinese labor laws and regulations and the development and understanding of trade unions,which was a product of the victory of the revolution rather than based on the modern labor law theory of strong capital and weak labor,and then formed the unique discourse ideology system.After the reform and opening up,the marketization of the Party leadership inherits this particularity to a great extent,which led to form the queerness of the government,management and labor unions manage workers which is different from the theory of modern labor law,which is more obvious in private enterprises,especially in state-owned enterprises;the universality of the problem mainly refers to mainly refers to the fact that the realistic portrayal of strong capital and weak labor will inevitably lead to the establishment of workers' spontaneous rights protection system with the the establishment of market economy and the reform of labor employment system,which is the same as what has happened in western developed market economy countries,which is the most obvious in the foreign-funded enterprises.This characteristic of "special + universal" is the fundamental cause of the generation of current national leading collective consultation and the voluntary "collective bargaining" of the workers from the outside of the system.On the one hand,the fact that the special relationship between the party state and the trade union and the close relationship of the government led market economy leads to different games among the central government and the local government and the trade unions under the leadership of the Communist Party.On the other hand,the characteristics of the collective bargaining power itself also leads to the different game among the three parties of labor,management and government.At the same time,the current highoperating cost of Chinese enterprises is also an important reason for the alienation of the collective bargaining power,which has further increased the difficulty of promoting collective bargaining.Based on this,this article mainly from the following point of view.The second chapter is divided into five parts.On the one hand,the thesis points out the alienation of the collective bargaining power in our country,and on the other hand,it also points out the theory of collective bargaining power itself is also of value and reference in our country.In the first part,this paper analyzes the concept of collective bargaining on the vertical and horizontal levels,and points out that there is no collective bargaining in the strict sense of western countries in our country,at least in the written documents such as laws and regulations.The second part discusses the nature of the right to collective bargaining and points out that it belongs to the right of freedom.In our country,the main emphasis is the obligation of government to respect and protect.Bias to negative rights,emphasizing the inaction of the government;It is a civil right,an economic and a collective right.The third part,referring to the specific provisions of national legislation,discusses the characteristics of collective bargaining right as the particularity of the subject,the singularity of the purpose,the specificity of the content and the necessity of the result.The fourth part has a detailed theoretical proof of the right to collective bargaining,based on the four angles of "Cooperation Theory","incomplete contract theory","economic livelihood theory" and "economic democracy theory".The third chapter discusses the current situation and problems of the right of collective bargaining in China.It is divided into three parts.In the first part,the author points out the main problems in the legislative situation from the macro and micro aspects,including the legal rank,the subject of collective bargaining,the content,the procedure and the effect.In the second part,From the perspective of spontaneous bottom-up "collective bargaining" of workers outside the system and state-led top-down collective bargaining within the system,labor(workers and trade unions)is surrounded by two angles: workers and trade unions.The analysis of the realistic role and influence of the three parties and the corresponding evaluation was made.Based on the above analysis,the third part points out that in the process of labor system reform and the development of labor relations marketization,the labor conflicts should be resolved and the labor interests should be safeguarded.Whether it is the top-down collective bargaining led by the government or the spontaneous bottom-upcollective bargaining of workers,it must be based on respecting the interests of workers,and the key lies in the implementation of the representation of grass-roots trade unions.Chapter 4th mainly discusses the legislation experience of three mature market economy countries in Germany,Japan and the United States and the relationship between the development and evolution of labor administration.It mainly includes seven parts.This paper makes a detailed comparative analysis of the main body of collective bargaining,the employer refusing offer,solving the deadlock of negotiation,the content and effect of collective contract,the way of relief for the fulfillment of collective contract,and the historical evolution of labor and capital administration.Chapter 5th discusses the legislative proposals to implement the right to collective bargaining.It consists of three parts.This paper puts forward legislative suggestions from the angle of promoting the reform of grass-roots trade unions,perfecting the Collective contract Law and perfecting the legislation on the right to strike.
Keywords/Search Tags:right of collective bargaining, property rights, workers' consciousness, trade unions, Labor and capital autonomy
PDF Full Text Request
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