Collective Bargaining To Stabilize Labor Employment Relationship

In July 21, 2014, more than 1000 workers stopped working in a shoe factory in Zhuhai, Guangdong province.

The shoe factory workers heard that a new shoe factory in Zhongshan announced a new policy, stipulating that non Zhongshan employees should not withdraw their provident fund on the grounds of resignation. The shoe factory worker of Zhuhai, who was worried about her shoe factory's imitation of this practice, began to stop working for protection.

The suspension of the shoe factory reflects the deviation of the collective bargaining system of labor law in China. Zheng Aiqing, an associate professor of Law School of Renmin University of China, said that in the case of important labor rights and interests such as insurance and welfare, collective bargaining procedures can generally guarantee the stability of the relationship between employers and employees.

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Stipulates: "the enterprise employee and the enterprise can sign collective contracts on matters such as labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits and so on."

But "can" rather than "must" sign the collective contract stipulation, causes the collective contract system to become a mere formality in practice.

Zheng Aiqing pointed out that lacking the mandatory provisions of the law, collective bargaining system is often faced with the plight of the trade unions but the enterprises are not active, and it is difficult to achieve good results.

It is suggested that the collective bargaining system should be included in the mandatory provisions of the labor law, and the long-term stability of labor relations can be achieved through collective bargaining, labor conditions and other matters.

Collective contract

A basic system of labor law, Jiang Junlu, lawyer of Beijing Jin Du law firm, believes that collective contract is a written agreement concluded by collective bargaining between staff groups and employers on labor standards and labor conditions.

"The adjustment of labor relations can not rely solely on the labor contracts between enterprises and individuals.

In the system, we need a group of people to negotiate with the enterprises and to realize labor equality in form and in essence.

On how to further improve the collective bargaining system.

It is suggested that the status of the trade union should be enhanced and the legal obligation of collective bargaining and consultation should be increased in the revision of the labor law.

Because collective bargaining system will eventually need to be signed through collective contracts.