Research On The Legal System Of Unfair Labor Practices

Nowadays there is no concept of unfair labor practices in labor legislation of China. "Trade Union Law "only has some provisions of the nature of unfair labor practices.The labor law field of China has paid little attention to the content and theoretical of this system."Unfair labor practices",also known as "improper labor practices" refers to the both parties,labor users or trade unions use improper means,prevent or limit the other party or a third person to exercise their legitimate rights.In the labor law, the legal system of unfair labor practices is safeguards of right to form and join in the activity of a trade union in broad sense,as well as an important legal measures for criterion and balanced labor relations in the conditions of a market economy.Both the United States and Japan have a complete legal system about prohibitive norm against unfair labor practices and relief procedures to unfair labor practices. In 1935,the concept of "improper labor practices" was first proposed in "National Labor Relations Act" by the United States.According to the "National Labor Relations Act",empolyer and trade union are principal part of unfair labor practices,which represents some legislation type of unfair labor practices.Different from the United States,there is no concept of union unfair labor practices in Japanese legal system.This requests using successful experience and effctive method of foreign countrys for reference,proposed the practical and feasible legislation suggestion refers to the choice for the legislature.Chinese labor relations is making market-oriented economic changes. Serious imbalance between workers and employers.Because of the obstruction and resisting from the employer,to establish the workers'organization seems to be difficult.To obstruct the establishment of trade union or control the union is supposed to the typical unfair labor practices by International Labor Conventions.Therefore,China indeed needs this legal system of unfair labor practices to restrain and halt these unfair labor practices. Taking advantage of the theory of the unfair labor practices in foreign law,the article suggests building the legal system of unfair labor practices in our own country.Therefore,this article proposes legislation opinions through the means of remedy,the main scope,organization and remedy procedures of the legal system of unfair labor practices for sake of consulting.It is suggested that to issue relief order that is one of the administrative remedies doctrine is appropriate. From the United States and Japan's operation experience, administrative remedies doctrine exist those problems:relief orders lacking real effect, reviewing delay and procedure delay. Therefore, in order to suppress violating knowingly, it is necessary to introduce penalties those are punitive sanctions to punish wicked employers in the operation of the administrative remedies doctrine.It is suggested that our nation should rule the unfair labor practices of employers firstly, with some emphasis restraining and eliminating the behaviors about discrimination and controlling trade union which are exist very common at present. Having built this system and operates for a period, union unfair practices mould be brought into this system so that the system of dealing the kind of unfair labor practices disputes should be integrated.To build a administrative agency responsible for handling unfair labor practices seems to be available. Labor Commission consist of equal number of tripartite representatives—employer representatives,employee representatives and public representatives.Community members are selected from the experts,scholars and lawyers.Representatives of employers and employees can participate in the investigation and hearing,whlie review and final decision are only made by the community members.The decisions or orders from the Labor Commission shall have the force of law.The party who against the decision could appeal to a higher Labor Commission or sue to the court.To give the procedures of administrative remedy quasi-judicial properties, procedures can consult applicable civil procedure rules. Import reconciliation system. The central and local labor committee can issue instructions such as stopping encroaching, rehabilitating and posting notices.