Research On The Collective Bargaining System In China

In recent years,along with the pace of economic restructuring and the fact that China's overall economic development has entered the new normal,the relationship between labor and capital in the new era has also begun to enter a transitional period and has attracted widespread attention from the top down.In March 2015,the State issued the "Opinions of the Central Committee of the Communist Party of China on Building a Harmonious Labor Relations," which states that "China is in a transitional period of economic and social development.The subjects of labor relations and their interest claims have become increasingly diversified,and labor relations have become contradictory.In the period of prominence and prolongation,the number of labor dispute cases remains high,and in some places,the phenomenon of arrears of migrant workers' wages and other damages to the interests of employees is still prominent.Collective shutdowns and mass incidents occur from time to time,and the task of building a harmonious labor relationship is arduous and arduous.For a long time,the intractable problems that existed between employers and employees,including inequality in the status of labor and capital,the lack of effective communication and exchange mechanisms between labor and capital,the weak sense of rights protection of laborers,and the imperfect functioning of trade union organizations,have caused such contradictions.The root cause.The resolution of labor disputes must establish a platform for communication and game between the two parties to ease labor-management conflicts and balance labor relations.In this regard,China's current system of laws and regulations has applied the collective bargaining system.However,the Labor Law and the Labor Contract Law,which are the main laws and regulations for adjusting the relations between labor and capital in China and guaranteeing the rights and interests of laborers,are only the process of collective negotiation.A principled and general description has been given,and no concrete provisions have been given concretely on the characteristics and exchange methods of disputes between labor and capital.In practice,the resolution of labor negotiations and related disputes mainly relies on the intervention of labor administrative security departments.It is resolved through equal and effective negotiations between employers and employees.As we all know,the collective bargaining system originated in Western countries has undergone development and improvement over the past 100 years.It has effectively guaranteedand supported laborers to play games and safeguard their rights and interests through legal and effective channels.Therefore,the collective bargaining system has received international labor.Widely recognized by organizations and countries.In the face of the current status of China's labour disputes that cannot be optimistic,the implementation of the system is of great practical significance for resolving these disputes.Based on this,this article will use the relevant literature and data,and comprehensively analyze the experience of the rule of law and the problems that China urgently needs to improve.First,it introduces the concept of collective bargaining system,analyses the differences in the concepts of collective bargaining and collective bargaining,reviews the development of collective bargaining system and related theoretical support,and discusses the function and significance of collective bargaining system in practice.Second,introduce the current status of the rule of law in the collective bargaining system in foreign countries,select countries that have applied the collective bargaining system to be effective,and analyze relevant successful cases to provide reference and reference for China to build and improve the collective bargaining system.Then we introduce China's current legislative situation regarding the collective bargaining system and the problems in its implementation.Through the collation of the status quo of collective bargaining and collective contracts,the three main problems are summarized: First,the system of collective bargaining systems is not perfect;Second,the collective bargaining and collective contracts are concluded in the form;Third,the collective dispute handling mechanism Missing.Finally,aiming at the shortcomings of our country's current collective bargaining system construction,and referring to the part of foreign collective bargaining system that suits our national conditions,we propose three suggestions for improving China's collective bargaining system: improving the system of collective bargaining;strengthening the representation of trade union organizations and Autonomy;Improve the collective dispute government mediation mechanism.