Defects And Perfecting On Our Country’s Collective Bargaining Of Law System

Collective bargaining system is an important mechanism of labor relations thatmarket economic counties adjust, is the core of the national labor relations system inthe market economy countries. It is considered to be a major “Social Inventions”solving labor conflicts. Collective bargaining system is useful for the two sides and isthe best means to win-win. First of all, workers can unite by the trade union todevelop their strength and against employers. At the same time, the demands of theinterests of workers can also realize through collective bargaining. Second, thecollective bargaining is peaceful manner, employers don’t have to worry about theworkers’ behaviors of striking, damaging to the machines and even personal injury.At present our country labor dispute is increasing day by day, doubling thenumber, deepening the contradiction, and then the value of collective bargaining willbe highlighted. However, there are many defects in the collective bargaining system inour country, such as lack of representation and independence for the trade union, thesame of the contents of the collective contract. In addition, the execution rate of thecollective agreement is not high, the supervision mechanism is not sound. Theseproblems have not been completely resolved. An important reason is that the relevantlegislation about the collective bargaining system is still quite weak in our county.There is no a strong legal system to support it. This situation is unfavorable tosafeguard the lawful rights and interests of workers. It is also adverse to establishharmonious labor relations.In the background of economic globalization, the harmonious labor relations isbenefit to improve the enterprise efficiency, benefit to social harmony and stability.Harmonious labor relations not only include the harmonious interests of both sides,but also include the harmonious rights and obligations of both sides. Therefore, theirrespective rights and obligations of both sides should be fully taken into considerationwhen we legislate for the collective bargaining system. For example, the right tostrike is given to the workers, at the same time the right to strike for workers shouldbe restricted. The independence and representation of the trade union are stressed, atthe same time it is necessary to provide obligations and liabilities for the trade union.In addition, due to the employer in the labor relations having natural advantages, inorder to effectively limit the abuse of employer’s power, we should strengthen the regulations of unfair labor practices and good faith negotiations. The adoption oflegislation on collective bargaining system, can make the collective bargaining moreconvenient and more economical to resolve labor disputes. With the furtherdevelopment of market economy in our county, the collective labor relations isbecoming to the mainstream, the right of collective bargaining will be a importantfield in Chinese labor legislation.