集体谈判的内部国家机制 以温岭羊毛衫行业工价集体谈判为例

The Internal State Mechanism in Collective Bargaining:Evidence from the Collective Bargaining by Wenling Sweater Industry

集体谈判作为西方社会劳资冲突制度化的社会发明,不但得到工人和工会的拥护,同时也引起了雇主的兴趣。通过协商的程序、承诺的遵守以及共同利益的形成,可以构筑消解工人集体怨恨、制造工人认同的内部国家机制。在中国,工会受组合主义限制,尚不能成为集体谈判的有效发起者,愈演愈烈的劳资冲突却有可能使雇主成为实际的"发动引擎"。本文通过对温岭羊毛衫行业工价集体谈判过程的描述,探讨在竞争和斗争的背景下,雇主和工人在集体谈判过程中的互动,以及在以生存伦理为基础的工人群体中逐步形成从"无序抗争"到"有序遵守"的内部国家机制。

Collective bargaining, a great social invention as a means to resolve labor conflicts in Western society, has not only won the support of workers and their trade unions but also aroused employers＇ interest. Through a consultative process, commitment to the agreed-upon contract and the development of common interests, an internal state mechanism is created to settle the resentment collectively shared among the workers. In China, trade unions cannot be an effective initiator of collective bargaining due to the Constraints of state corporatism; intensified labor conflicts, on the other hand, are most likely to make the employers be the real ＂igniter of the engine.＂ This paper takes a qualitative approach to analyze the collective bargaining by Wenling Sweater Industry to understand the dynamics between the employers and workers in the collective bargaining process in the context of competition and struggle, and the evolvement of the internal ＂compliance-to-the-order＂ state mechanism on the survival ethics from ＂disorderly fights＂.