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On the Perfection of the Settlement Mechanism of the Collective Interest Labor Dispute in China

Author: YinJun
Tutor: LiKunGang
School: Anhui University
Course: Civil and Commercial Law
Keywords: collective interest labor dispute collective bargaining right to strike administrative mediation labor arbitration
CLC: D922.5
Type: Master's thesis
Year: 2012
Downloads: 188
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Abstract


This article mainly studies some questions about the settlement mechanism of the collective interest labor dispute in China. This paper holds that, the strikes are happening frequently now, so the collective interest labor dispute has become the main form of the labor dispute in China. But the existing processing system of our country can no longer meet the processing demand of the collective interest labor dispute which is proliferated fast. For this reason, the perfection of the settlement mechanism of our country’s collective interest labor dispute has become a task of top priority.First of all, this paper introduces China’s current wage collective bargaining system by expounding the Nanhai Honda strike. After summarizing the reasons for the success of the collective wage negotiations, it also proposes some problems demanding prompt solution which are left by this strike and collective bargaining. After elaborating the current legislation and institutional arrangement concerned with Chinese settlement to the collective interest labor dispute, this paper analyzes the deficiencies of the current collective interest labor dispute settlement mechanism in China from four aspects, including the juvenility of the collective negotiation system, the administrative coordination system existing in name only, the deletion of the labor dispute arbitration system and the vagueness of the legal rule on the right to strike. The author thinks, in terms of the laws and regulations, that the solutions to the relevant collective interest of labor dispute are relatively poor in China. And a number of unscientific and irrational problems emerge when dealing with institutional design arrangement. Moreover, it will inevitably face many serious problems in the course of the actual operation. In terms of the system construction, Chinese processing mode of the collective interest labor dispute settlement has not formed a whole set of reasonable and perfect mechanism at present. The specific issues mainly include the following: first, both the position and negotiation power of the managers and the workers are seriously unequal in the collective negotiation; secondly, the right to strike which is enjoyed by the workers to fight against the managers is lack of legal protection; thirdly, in the administrative coordination, the executive coordination agency is lacking in independence on the organizational function and working enthusiasm, which leads to the decrease of the public credibility of the administrative coordination and the decline of the coordinated rate; fourthly, there is no institutional connectivity and complementarity between the relevant solutions.Next, this article elaborates the settlement mechanism of the collective interest labor dispute in the developed countries and the regions from five aspects, which include the rise of the collective bargaining and the establishment of the system, the legislation and regulation of the right to strike, the mediation system of the collective interest labor dispute, the arbitration system of the collective interest labor dispute, the fact-finding system of the collective interest labor dispute. The author thinks that the settlement mechanism of the collective interest labor dispute has four major advantages in the developed countries and the regions. The collective bargaining system is relatively mature. The legislation sets it down clearly that the workers enjoy the right to strike. The government-led mediation system of the collective interest labor dispute guarantees the independence and professionalism of the mediation organization. The scope of application of the labor arbitration covers the collective interest labor dispute. The settlement mechanism of the collective interest labor dispute in the developed countries and the regions provides a reference to perfect the settlement mechanism of the collective interest labor dispute in China.Finally, in order to make up for the deficiencies of our country’s settlement mechanism of the collective interest labor dispute, the author offers several proposals for improving Chinese settlement mechanism of the collective interest labor dispute by the establishment of the collective negotiation system with Chinese characteristics, the improvement of the relevant legislation and policies of the right to strike, the formation of a government-led administrative mediation model and the establishment of the arbitration system of the collective interest labor dispute. The main points of view include:firstly, we must speed up the process of labor legislation in China, improve the right-safeguarding effectiveness of the union in our collective bargaining, and give the workers the right to strike in order to achieve the transformation from the collective negotiation to collective bargaining though the legislation; secondly, we should improve Chinese "the Mediation and Arbitration Law of Labor Dispute " and "the Provisions of the collective contract", compose the independent administrative mediation committee, in order to form an administrative mediation model which is led by the government and is started by the parties non-completely free; thirdly, we have to expand the adjusting range of our country’s labor arbitration, establish and improve the arbitration system of the collective interest labor dispute as soon as possible, construct a set of scientific and efficient settlement mechanism of the collective interest labor dispute through a series of institutional reforms and model improvement, in order to protect the rights and interests of the workers effectively, resolve the labor conflicts and maintain the social stability.

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