群体性劳动争议应对中的政府角色

Governmental Role in Response to Mass Labor Dispute

群体性劳动争议是群体性个人争议和集体争议的集合,我国目前主要表现为群体性个人争议,但集体争议会随着集体劳动关系的成熟而日益增多,并迫切需要制度跟进。"国家统合"或"协约自治"是集体劳动关系制度选择的基点,对二者的权衡也决定了政府在应对群体性劳动争议中的角色选择与行为方式,并对争议预防、集体谈判的进入与进行、集体争议及产业行动的处理提出了相应的制度要求。

The mass labor dispute includes both mass individual dispute and collective dispute. Although now in China the former is more often, along with the collective labor relations being more and more mature the later one increases day by day, requiring related regulations urgently. Whether to choose ＇national integration＇ or ＇agreement autonomy＇ is the basis for the collective labor relations system, meanwhile the balance between them determines the role and approach manner of the government in response to the mass labor dispute, putting forward responding system requirements for dispute prevention, the beginning and carrying out of collective bargaining as well as dealing with the collective dispute and industrial action.