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The Dilemma And Countermeasures Of The Current Collective Bargaining System

Posted on:2021-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhengFull Text:PDF
GTID:2436330647457808Subject:Law
Abstract/Summary:PDF Full Text Request
As a very important social relationship,labor relationship affects the stability of society and concerns the vital interests of workers.With the development of society and the upgrading of industry,the contradiction between labor and capital has become increasingly prominent.With the increasing awareness of workers' rights protection,they hope to have more right to speak and resolve disputes through reasonable collective bargaining.However,the current research on the collective bargaining system in the academic field mainly focuses on the issues of concept determination,collective bargaining legislation,reform of the trade union system,and the right to strike.The research on the problem is mainly focused on the legislative level.The suggestions for improvement are mostly focused on strengthening the legislation.The research on solutions to specific problems in collective bargaining is relatively independent and decentralized.At the same time,the research lacks a centralized review of the problems and corresponding solutions.Therefore,this article intends to sort out the entire process of collective bargaining,sort out the problems that may occur in each link of collective bargaining,explore how to solve them,and propose effective solutions.In addition,this article will draw on the experience of the United States and Japan,and from the perspective of the government,put forward their own views on how the government reasonably intervenes in collective bargaining.This article will start with the collective bargaining process and summarize the dilemmas that occurred during the collective bargaining process in chronological order.This article will start with the study of the negotiation subject and elaborate and make suggestions on the issues that arise in collective bargaining.The innovations in the main part mainly focus on exploring the feasibility of employers' organizations participating in the negotiation as a party of collective bargaining.After the main body is ready,the negotiation starts.In this part of the actual negotiation,there are still a lot of problems.Therefore,at this stage,we will focus on the problems in the content and procedures of the negotiation process,especially when negotiating.Wage negotiations.The negotiated contract also greatly affects whether the collective bargaining right of the labor can be realized.Therefore,the author will focus on the reasons why the contract cannot be performed after the signing of the contract and how to implement relief.In addition,as a third party to collective bargaining,the government also plays an indispensable role.It runs through the entire negotiation,but the government must properly intervene,but also maintain neutrality.Because collective bargaining has developed slowly in our country,it can Appropriately draw on the excellent experience of the United States and Japan,take the best of them and remove the dross,and use the experience to my advantage so that both parties can obtain corresponding rights and interests through collective bargaining.This article will use a variety of research methods,through literature research methods,based on a series of studies on collective bargaining by experts and scholars at home and abroad,to summarize the current plight of collective bargaining.The case study method is helpful to analyze the case and summarize related issues.The shortcomings of the policy,the differences between US and Japanese policies and domestic policies are compared through comparative research methods,and the lessons learned from the US and Japan are used to draw effective measures.Based on the above research methods,this article will propose a solution to the difficulties faced by the current collective bargaining.In the case of disparity in the strength of the two parties to the negotiation,the subjectivity and professionalism of the union can be improved,the union members can be fully professionalized,and the economic source of the union can be guaranteed to be independent.At the same time,employers' organizations can also participate in the negotiation.Defects,this article believes that it is necessary to sort out and stipulate the negotiation of compulsory content.In addition,it is necessary to emphasize a few principles during the negotiation process.In view of the difficulties in performing the contract formed after the negotiation,collective contract disputes can be allowed to participate in arbitration,and the arbitration method Refining procedures and procedures;as the third party of the negotiation,this paper believes that the government can include the protection of collective bargaining as a work objective,and through quantitative objectives,strengthen the assessment to ensure the government's supervision of collective bargaining.Gradually reduce the supervision of collective bargaining to ensure its neutral role.Through the above measures,corresponding solutions are given to the difficulties in the current collective bargaining,in order to better improve the defects in the collective bargaining system.
Keywords/Search Tags:collective bargaining rights, collective contract, labor union
PDF Full Text Request
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