Study On The Collective Bargaining Mechanism In Ecuador

Collective bargaining,as an institutionalized national mechanism adopted to solve the labor-management conflicts,is essentially a system to adjust and regulate the distribution relations in-between the labor and the employer.It,originated from the western capitalist countries in the period of the First Industrial Revolution,emerged,developed and gradually moved towards institutionalization and legalization in the process of labor movement from confrontation to cooperation.At present,it has become an indispensable system used in modern society to adjust and regulate the labor-management relations.Forty years after implementing of reform and opening up polices,China has achieved its economic take-off,but the domestic labor relations are becoming more and more complex and tense,labor disputes and collective labor events occur frequently.Since the mid-1990 s,China has established and implemented a collective consultation mechanism,aimed at signing collective contracts with the employees and workers,with the participation of the government,labor unions and employers.However,the collective consultation mechanism actually played a very limited role in regulating labor relations in China due to limited practice experiences.China and Ecuador are both developing countries in the process of modernization,their economic policies are greatly affected with the development of globalization tendency,the labor-management relations within these two countries have become more and more complex and both governments have paid more attention on the interests of labors and workers.To study the collective bargaining mechanism in Ecuador and analyze its relevant cases encountered in Chinese-funded Company will provide us the necessary references for the improvement and perfection of the collective consultation mechanism in China.This paper starts with the elaboration of the basic concepts and theoretical basis of the collective bargaining,then,through the analysis of a collective bargaining case experienced by a Chinese-funded company(S Company)in Ecuador,goes deep to probe the factors favoring the existing collective bargaining in Ecuador,which include: 1)high-level legislation;2)legal-form norms;3)the system established to ensure the equal position of workers in collective bargaining;4)the government’s active promotion;5)workers’ high enthusiasm;6)and the strong initiative of labor unions;and etc.,meanwhile,it addresses the limiting factors such as: 1)low negotiation level;2)more stringent regulations which lead to the low unionization;3)the backwardness of surrounding laws;4)the insufficient negotiation ability,and 5)the low level of economic development.Followed is a comparison between the collective bargaining mechanism of Ecuador and the collective consultation in China from the perspectives of legislation level,negotiation body,negotiation contents and procedures,and etc.,and then analyzes the potential adjustment space of the system of collective consultation in China from the perspectives of legislation level,system perfection,government role,labor union initiative and so on.Based on the above,it is concluded that that the consummation of Chinese collective consultation mechanism shall start with the improvement of the collective consultation system and the enhancement of the initiative of the labor union.On the one hand,to speed up the legislative progress and enhance the social adaptability of the laws;on the other hand,to give full play to the initiative of the government,enhance the representativeness of labor unions,mobilize the enthusiasm of employers,and improve the system of collective consultation with Chinese characteristics suitable for existing development level of China in a multi-channel manner,so as to achieve a win-win situation between labor and management.