从职业病防治看我国集体合同制度的不足与完善

Discussions on the Defect and Improvement of Collective Contract System from the Perspective of Occupational Disease Prevention

职业病防治法的规定已经较落后,应当对其进行修改,扩大职业病的范围,同时为集体合同约定职业病条款预留空间。改革职业病的管理体制,积极完善工会组织,充分利用行业集体合同、区域集体合同和专项集体合同等现有机制,通过集体协商,引导劳动者和用人单位通过集体合同解决职业病防治问题,无论对于合同双方主体还是对于整个社会都是有益的。

Occupational disease prevention law has fallen behind the times,which raises the need for reformation,including a broadening of the disease definition and relaxing the conditions of designated occupational diseases in the collective agreement.By reforming the management system of occupational diseases,improving the organization of labor unions,exploiting the existing mechanisms of collective agreements——such as industry collective agreement,regional collective agreement and special collective agreement——enterprise bargaining and directing both employers and employees to undertake occupational disease prevention through the collective agreement,it is believed that not only the two parties but also the society will benefit from it.