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Analysis of the Collective Contract System under the International Financial Crisis

Author: PiZhiJun
Tutor: WangQuanXing
School: Hunan University
Course: Legal
Keywords: Collective contract system International financial crisis Labor relations coordination
CLC: D922.52
Type: Master's thesis
Year: 2009
Downloads: 110
Quote: 1
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Abstract


The collective contract system, an important legal system for labor relations coordination under the condition of market economy, has been generally accepted and implemented by countries of market economy. Making up a deficiency for labor legislation and promoting the harmony of collective labor relation, the collective contract is a crucial means for employers to maintain their own rights and interests strength against employers. However, it was not until the carrying out of the market economic system reform that collective contracts are used to coordinate labor relations in China. The collective contract system is still at the initial stage and is developing gradually.Since the outbreak of international financial crisis in the second half of 2008, our enterprises as well as labor relations have been confronted with unprecedented difficulties. Recently, under the impact of the international financial crisis, the problem of the bad circulation of the collective contracts became more serious, especially the low fulfillment rate of the collective contracts, the serious rule-broken relationship of the collective labor relations and the increasing difficulty of dealing with the dispute in the collective contracts. The main reasons are as follows: the collective contract system’s position are still lowly and it still exists limitation; the labor union is still lack of independence; the workers are not aware of their right of strike; the government doesn’t do their best in the supervising and the management; the publication of the legal system is not done well.Unemployment is rate rising radically and infringement of worker’rights becoming more serious. It is harder and harder for trade unions to assert rights for employers. Therefore, in order to deal with the crisis, it is quite necessary to improve the collective contract system, which helps control the soaring unemployment rate, enhance the crisis-resisting ability of enterprises. Social crisis is not to be caused by financial crisis.During the economic crisis of the United States in the 1930s, implementation of social policies is important content of the New Deal, including advance of the position of the trade unions, promotion of the collective contract system, improvement of laborers’salary and welfare, etc. All of those measures had helped America get rid of the economic crisis and avoid social crisis and contributed a lot to the rapid economic development later. This plays a role of inspiration for China to cope with the present financial crisis.Therefore, we should take the crisis as an opportunity, to fasten the step of legislation of the collective contracts and perfect the collective contract system. And we should pay special attention to the following things: balance the status of the two sides of the employers and the employees; vigorously extend the territorial industrial collective contracts and strengthen the supervising and managing duty of the government.

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CLC: > Political, legal > Legal > Chinese law > Labor Law > Labor Contract Law
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