The legislative evolution of labour rules and regulations in China presents a track of development from individual autonomy to collective autonomy. Although article 4 of the Labour Contract Law of the People＇s Republ...The legislative evolution of labour rules and regulations in China presents a track of development from individual autonomy to collective autonomy. Although article 4 of the Labour Contract Law of the People＇s Republic of China defines the rules and regulations as the system of regulating the working conditions from the perspective of individual autonomy at present, the ＂determination based on the consultation on equal terms ＂ reflects a possibility of the development toward a regulatory mechanism from the perspective of collective autonomy. Such ＂ambiguous ＂ legislation has triggered a number of debates on legal issues related to the ＂unilateral determination by the management＂ or ＂co-determination by the management and the labour＂. Therefore, based on the strict distinctions between the two regulatory mechanisms of the working conditions, which are the individual autonomy and collective autonomy, the legislature in China should incorporate labour rules and regulations into the legislative framework of collective labour relationship which should focus on the formulation procedure, regulatory content and legal effect. It shall conduct an institutional design on the rules and regulations meticulously, which could connect and coordinate with the collective labour contract law system, so as to develop a sound ＂dual-track＂ collective labour law system in China.展开更多
基金the Shanghai Philosophy and Social Science Planning Youth Project Study on the Content Review of Labour Rules and Regulations(Project No.2016EFX002)Young and Middle-aged Talent’s Research Project of the Ministry of Justice on National Rule of Law and Legal Theory Research on Judicial Review of Disputed Clauses in the Labour Rules and Regulations(Project No.15SFB3029)
文摘The legislative evolution of labour rules and regulations in China presents a track of development from individual autonomy to collective autonomy. Although article 4 of the Labour Contract Law of the People＇s Republic of China defines the rules and regulations as the system of regulating the working conditions from the perspective of individual autonomy at present, the ＂determination based on the consultation on equal terms ＂ reflects a possibility of the development toward a regulatory mechanism from the perspective of collective autonomy. Such ＂ambiguous ＂ legislation has triggered a number of debates on legal issues related to the ＂unilateral determination by the management＂ or ＂co-determination by the management and the labour＂. Therefore, based on the strict distinctions between the two regulatory mechanisms of the working conditions, which are the individual autonomy and collective autonomy, the legislature in China should incorporate labour rules and regulations into the legislative framework of collective labour relationship which should focus on the formulation procedure, regulatory content and legal effect. It shall conduct an institutional design on the rules and regulations meticulously, which could connect and coordinate with the collective labour contract law system, so as to develop a sound ＂dual-track＂ collective labour law system in China.
