On the Collective Agreement System
|School||Huazhong University of Science and Technology|
|Keywords||Collective Agreement Independence of Labor Union the Body of Collective Bargaining Collective Consultation|
Originating from the Britain in the 18th century when the workers movement was on the upsurge, the collective agreement system had then got a further development in countries such as America and Germany where the Industrial and Technological Revolution was moving at a faster pace. Considering the remarkable superiority it has displayed over issues such as maintaining harmony between labor and management, safeguarding economic order, as well as protecting the laborer’s rights, most western countries have established collective agreement system according to their own economic situations and political needs. Collective agreement system has also had an initial development in our country, which could be traced back to the ratification of the Outline of Labor Law. Stipulated by China’s labor combination secretary, this outline explicitly defined that laborers possessed the right to sign collective agreements. After the founding of the PRC, however, because of historical reasons, the legislation of collective agreements had fell in to stagnation for rather a long time. Currently the society of our country is in the crucial period of transformation into the market-economy, the overall development diverse forms of ownership has made the labor relationships more various and complicated, meanwhile the laborer’s notion of rights has increasingly been enhanced. But the subordinate relationship in working practices, together with individually dispersive form the laborer have adopted to participate the market, has brought on the phenomenon of“employers are strong while employees are weak”. Consequently, a probe into the collective agreement system, which is beneficial to the promotion of laborers status, the protection of laborers’rights, the establishment an orderly and harmonious labor market system, could doubtlessly has a realistic and theoretical meaning.Trying to conduct a thorough analysis of the collective agreement from the perspective of the whole system, this thesis makes the status quo and existing problems of collective agreement system as an interception, and then get the reasons causing these phenomena, thereby putting up constructive proposals to respective aspects in order to perfect the collective agreement system of our country. The first part is a brief survey of the collective agreement system, including its origins, conception and contents. The second part introduces the formation and development of collective agreement system in major western countries, especially in Great Britain, United States and Germany, and observes the developing process in these countries in order to accurately master the rules that run through this system. Part three is about the development process and the present situation of the collective agreement system in our country, putting emphasis on the problems and the inducing factors. Part four is the legislative reflections on the perfection of the collective agreement system of our country. It provides tentative answers to the questions posed in part three and offers reasonable suggestions to the further developments of the collective agreement system of our country from perspectives of the independence of labor union, collective consultation, and the body of collective bargaining.