Academic journal article Asian Social Science

Collective Bargaining System in the Game between Labor and Capital: Vacancy and Reconstruction

Academic journal article Asian Social Science

Collective Bargaining System in the Game between Labor and Capital: Vacancy and Reconstruction

Article excerpt

This paper is a periodical achievement of Shandong social sciences planning project "Collective Bargaining System in the Game between Labor and Capital: Vacancy and Reconstruction" (12CFXJ09)

Abstract

Implementation of collective bargaining system in China is not only an issue of straightening out the labor relationship, but an economic issue of economics and even a social issue. In China, a lot of difficulties still exist in implementation of collective bargaining system, including obstacles in terms of system and obstruction in terms of institution. The three labor rights are the basis and guarantee of collective bargaining system and collective bargaining separating from the three labor rights may cause the system to be a mere formality. An analysis of the reasons for vacancy in the collective bargaining system can be reconstructed from the following three aspects, namely, prescribing the right to strike of laborers, reforming the current wage system and funds system of the trade unions, positively carrying out industrial collective bargaining and promoting establishment of multi-level collective bargaining to help resolve predicament in collective bargaining faced up in China.

Keywords: collective bargaining, vacancy, reconstruction

Collective bargaining system is an important guarantee for effective running of the labor force market mechanism and is able to make up for disadvantages in labor legislation and further improve the labor contract. Labor organization and employer organization bargain on such labor conditions as remuneration of labor, working hour and vocation taking to create a benign atmosphere for labor and capital cooperation. In this way, slowdown and strike may be avoided with low costs to achieve the purpose of maintaining laborers' interest and a harmonious labor and capital relationship.

1. An Analysis of the Current Domestic Research

Domestic scholars have made profound research and analysis in the collective bargaining system in China and propose a series of theories. At present, domestic research on the collective bargaining theory is mainly concentrated on the following several aspects:

1.1 Research on the Nature of Collective Bargaining System

Research on the nature of collective bargaining system has, in the recent years, received wide attention in the academic world. Nevertheless, generally speaking, not only extant achievements are few, but also they are not systematic. Representative academic achievement was only the three hypotheses on the nature of collective bargaining system proposed by She Yunxia from China Institute of Industrial Relations. It is a pity that she hasn't made a definite demarcation on the nature of collective bargaining system.

1.2 Problems and Institutional Obstacles Encountered in the Process of Promoting Collective Bargaining

Problems and institutional obstacles encountered in the process of promoting collective bargaining become the core issue in research on collective bargaining system. According to Luo Tianhu from Northwestern Polytechnical University, the function of collective bargaining system is to establish fair and reasonable labor standard and labor condition. However, under the integration mode, on one hand, the government restrains the space of self-governing for both the two parties of labor and capital. On the other hand, the government formulates a lot of legislation to establish labor standard and labor condition and sets up corresponding supervision mechanism to ensure compliance and implementation of the law. This practice of "exceeding the due duties and meddling in others' affairs" has made the collective bargaining lose its significance of existence. According to Yao Hong who comes from the State-owned Property Company in Shaoxing City Zhejiang Province, the main reason for difficulties in promoting collective bargaining is that the subject fails to be in the proper position. All the above achievements only make a conclusion on problems encountered, but still lack deep study and discussion. …

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