The Study Of Subject Scope In Collective Wages Bargaining Mechanism In China

In China,the Collective Wages Bargaining Mechanism(CWBM)is a new system established after China's reform and opening up and the establishment of the socialist market economy.The system of CWBM is still in the exploratory stage in China,and showed a series of problems in practice,the implementation effect is not ideal.Behind the unsatisfactory implementation effect,the problem of the system of CWBM is closely related to the limitation and deficiency in the subject regulation,which is not only reflected in the subject scope of both labor and capital,but also reflected in the possibility of the third party to participate in the subject scope.Therefore,in this paper,based on the cases in the practice of collective wage negotiation,the subject scope in the CWBM is discussed.For the needs of the article,this paper is mainly divided into four chapters.In the first chapter,through the typical case of collective wage negotiation practice-Honda strike case,three pending issues concerning the scope of collective wage negotiation subject in China are introduced: Who is the alternative subject when the labor union is absent and unsound in the enterprise negotiation? When it comes to industrial collective negotiation,Who can act as the subject of labor and capital? Is it necessary to introduce third participants and who can be the third party subject to participate in the subject?The second chapter,according to the three questions mentioned above,investigation,compares and evaluation the scope of subjects in the legislation and practice of collective wage negotiation in different countries was conducted.First of all,collective wage negotiation in enterprises is typical of Japan and the United States.In Japan,the labor union is the subject of the labor.The main labor force in the United States is the labor union that are recognized to have representation.In Japan,the development of collective bargaining depends on the enterprise union,so the improvement of theworking conditions of the workers in small and medium-sized enterprises cannot be guaranteed.In the United States,workers in small and medium-sized enterprises can be fully concentrated when external union representation is granted.In Germany,Industrial collective negotiation is typical,where the subject of labor and capital are trade unions and employers' associations.The German model has obvious advantages in balancing the power of labor and capital and maintaining the stability of the labor market,but some enterprises have difficulties in finding appropriate representatives.About the scope of the third party to participate in the subject,Japan,United States and German are mainly the government.In terms of participation methods,the governments of the three countries do not directly participate in the wage collective bargaining process,but provide a platform and support for collective bargaining by various indirect means.The third chapter summarizes the legislative status of the subject scope of collective wage negotiation in China and analyzes its shortcomings.In terms of the scope of the subject of labor negotiation in the enterprise,the alternative subject of the enterprise labor union is single and has limitations.In terms of the subject scope of industry consultation,laws,departmental rules and other provisions are missing,and local regulations are vague and inconsistent;In terms of the scope of third-party participants,laws,departmental rules and other provisions are missing and local regulations are in confusion.Based on the above analysis,the fourth chapter puts forward that collective wage negotiation in enterprises should draw lessons from the American model when the enterprise labor union is absent,and identify local labor unions at all levels that do not have a subordinate relationship with the enterprise as the alternative subject,so as to make up for the great disparity in the game power between labor and capital.At the same time,it rationalizes the applicable conditions and order of each alternative subject by means of direct regulation of law.As for the collective negotiation of industrial wages,China should learn from the German model,but it should carry out certaintransformation,so that enterprise union federation and trade union become the subject of workers,and enterprise federation and trade association become the subject of management.About the third party to participate in the subject,based on our strong law weak,premature labor autonomy frame,balance the two sides should introduce a third party to participate in the subject position,should make clear the government can be used as a third party to participate in salary collective to talk things over.On the way of government to participate in,needs to considering the actual situation in China and should not copy the three country's,therefore the Chinese government not only needs in an indirect way to both sides of labor and capital support begin salary collective to talk things over,when necessary,should be in the form of more direct and more in-depth directly involved in the negotiation process.Finally,in order to ensure that the government plays a positive role in promoting collective wage negotiation and avoid negative obstructing results,explicit legal regulations should be made on the government's participation in collective wage negotiation.