论工会在集体合同中的法律责任

On Legal Responsibility of the Labor Union in Collective Contract

工会在签定和履行集体合同中违反集体合同和劳动法等相关法律规定 ,应承担法律责任。这一法律责任的性质主要是工会作为集体合同职工一方当事人和法定代表人违反集体合同中双方的约定应承担的违约责任和未能依法履行职责而应承担的行政法律责任。明确工会在集体合同中应承担的法律责任 ,有助于提高集体合同的质量 ,有利于维护职工的合法权益 ,有利于集体合同的全面正确履行。

Labor union should take the legal responsibility in dealing with breach of the labor law and regulations in signing and enforcing the collective contracts. Being the party of employees and legal person of the collective contract, it should take the responsibility for breaching its obligations in accomplishing the contract according to the legal responsibility. It would be helpful to improve the quality of the contract and beneficial to guarantee the legal interests of employees and enforcement of the contract in the clarification of legal responsibility.