我国集体合同制度存在的不足及完善

Deficiencies and Improvement of Collective Contract System in China

集体合同是增进劳资双方的理解,防范劳资冲突,并在劳资争议出现之后对其予以解决的基本依据。我国不少人对集体合同制度有不正确的认识,观念陈旧;政府在推行集体合同制度中未转变职能;有关集体合同制度的法律法规远远滞后于调节劳动关系的实际需求,缺乏操作性。我们应从强化工会的独立性与代表性,确立集体谈判是工会与企业的法定义务,制定《集体合同法》或《集体合同条例》等三个方面入手,不断完善我国的集体合同制度。

The collective contract is to promote understanding and prevent disputes between employers and employees,and a basic proof to resolve the labor disputes occurred after. Many people in China have a wrong understanding of the collective contract system and their ideas are old. Government did not change their functions in implementing the collective contract system. And collective contract system of laws and regulations have lagged far behind the actual needs of regulating labor relations, and lacked of maneuverability. We should strengthen the independence and representativeness of labor union, to fix collective bargaining is the legal obligation of labor unions and the enterprise, to develop ＂collective contract law＂ or ＂collective contract regulations＂.