지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
This paper aims at studying the collective agreement provisions In Chinese Labor Contract Law.
China's first ever Labor Contract Law was passed on June 29, 2007 by the Standing Committee of the National People's Congress and will become effective on January 1, 2008. The legislative intention of the Labor Contract Law, which came out after a series of incidents of severe abuse of workers in China, is to better protect the lawful rights of workers and form a more stabilized employment relationship. A peculiarity of the Labor Contract Law stipulates that both labor contracts and collective agreements will be considered together.
The Labor Contract Law should be read in conjunction with the Labor Law (1995), the Trade Union Law (1992, amended in 2001) and their respective subsidiary regulations, especially, Provisions on the Collective Agreement (2004 Provisions) issued by the Ministry of Labor and Social Security. There are conflicting problems concerning some regulations and their application.
The enactment of the Labor Contract Law made a slight improvement in the Chinese collective agreement system as compared with the Labor Law, the Trade Union Law and the Provisions of the Collective Agreement. There are some improvements in the new Law, especially in the field of the main bodies(subjects) of the collective agreement, special field collective agreement, industrial collective agreement, regional collective agreement, the effectiveness of collective agreement and the remedy for rights disputes caused from a result of the implementation of the collective agreements etc..
There are still some problems in the collective agreement provisions in Chinese Labor Contract Law.
First Even though the Labor Contract Law emphasizes the principle of equal negotiation in collective bargaining, it is very difficult to achieve it.
Second Because the Labor Representative Conference in China is organized by both management and labor, it shall not be a party to or shall not be concerned in the collective negotiations on behalf of labor.
Third In the 2004 Provisions as well as the Labor Contract Law, there is no remedy if an employing unit refuses to start collective negotiations.
Fourth There are a lack of measures available such as the strike system to secure collective negotiations in China.
Fifth The Trade Union Law will have to be revised in order to remove the conflict that exists between the Trade Union Law and the Labor Contract Law in the field of dispute settlements relating to the implementation of the collective agreement.
Sixth The Collective Agreement system IS an important legal method in adjusting labor relationships. However, the Provisions of the Collective Agreement are enacted as a type of Provisions(Guizhang) which is at a lower level of legislation, therefore it cannot rule the collective agreement system effectively.
Seventh In order to correct the problems due to the conflict among the Labor Contract Law, the Labor Law, the Trade Union Law, the Provisions on Collective Agreement and their application, these Labor Laws should be revised.
Eighth Because China entered into WTO, it should comply with the basic intention of WTO and the rule of trade, gradually accepting the right of Collective Bargaining as requested by international labor treaties.
These problems remain as the tasks which China will have to resolve in the near future.
China's first ever Labor Contract Law was passed on June 29, 2007 by the Standing Committee of the National People's Congress and will become effective on January 1, 2008. The legislative intention of the Labor Contract Law, which came out after a series of incidents of severe abuse of workers in China, is to better protect the lawful rights of workers and form a more stabilized employment relationship. A peculiarity of the Labor Contract Law stipulates that both labor contracts and collective agreements will be considered together.
The Labor Contract Law should be read in conjunction with the Labor Law (1995), the Trade Union Law (1992, amended in 2001) and their respective subsidiary regulations, especially, Provisions on the Collective Agreement (2004 Provisions) issued by the Ministry of Labor and Social Security. There are conflicting problems concerning some regulations and their application.
The enactment of the Labor Contract Law made a slight improvement in the Chinese collective agreement system as compared with the Labor Law, the Trade Union Law and the Provisions of the Collective Agreement. There are some improvements in the new Law, especially in the field of the main bodies(subjects) of the collective agreement, special field collective agreement, industrial collective agreement, regional collective agreement, the effectiveness of collective agreement and the remedy for rights disputes caused from a result of the implementation of the collective agreements etc..
There are still some problems in the collective agreement provisions in Chinese Labor Contract Law.
First Even though the Labor Contract Law emphasizes the principle of equal negotiation in collective bargaining, it is very difficult to achieve it.
Second Because the Labor Representative Conference in China is organized by both management and labor, it shall not be a party to or shall not be concerned in the collective negotiations on behalf of labor.
Third In the 2004 Provisions as well as the Labor Contract Law, there is no remedy if an employing unit refuses to start collective negotiations.
Fourth There are a lack of measures available such as the strike system to secure collective negotiations in China.
Fifth The Trade Union Law will have to be revised in order to remove the conflict that exists between the Trade Union Law and the Labor Contract Law in the field of dispute settlements relating to the implementation of the collective agreement.
Sixth The Collective Agreement system IS an important legal method in adjusting labor relationships. However, the Provisions of the Collective Agreement are enacted as a type of Provisions(Guizhang) which is at a lower level of legislation, therefore it cannot rule the collective agreement system effectively.
Seventh In order to correct the problems due to the conflict among the Labor Contract Law, the Labor Law, the Trade Union Law, the Provisions on Collective Agreement and their application, these Labor Laws should be revised.
Eighth Because China entered into WTO, it should comply with the basic intention of WTO and the rule of trade, gradually accepting the right of Collective Bargaining as requested by international labor treaties.
These problems remain as the tasks which China will have to resolve in the near future.
#중국
#중국법
#단체협약
#중국단체협약
#근로계약
#근로계약법
#중국근로계약법
#단체교섭
#단체협약규정
#노동조합법
#노동법
#노동계약법
#China
#Chinese law
#collective agreement
#collective contract
#Chinese collective agreement
#labor contract
#labor contract law
#Chinese labor contract law
#collective negotiation
#trade union law
#provisions on collective agreement
#provisions on collective contract
목차
Ⅰ. 서론
Ⅱ. 「근로계약법」의 제정과 단체협약 관련 규정
Ⅲ. 「근로계약법」상의 단체협약 관련 규정의 내용
Ⅳ. 향후의 과제
Ⅴ. 결론
참고문헌
〈Abstract〉
참고문헌 (0)
참고문헌 신청함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
中国集体合同制度的历史脉络及未来发展
중국법연구
2017 .01
-
중국 단체협약제도의 역사적 맥락 및 미래발전
중국법연구
2017 .01
-
일본 노동계약법의 성립배경 및 주된 내용·논점에 관한 연구
외법논집
2008 .01
-
단체협약위반에 대한 권리구제
노동법포럼
2013 .10
-
중국 근로계약법의 제정과정과 입법배경
중국법연구
2010 .01
-
노동조합법상 근로자 개념 확대와 그 후속문제에 대한 단상
노동법학
2019 .12
-
일본에서의 제정 근로계약법의 내용과 분석
노동법연구
2008 .12
-
근로계약법의 입법화를 둘러싼 일본에서의 최근 논의
기업법연구
2007 .03
-
미국 연방노동관계법(NLRA)하에서 단체협약 법적성격론과 연방대법원 판례의 해석
노동법학
2008 .06
-
노사자치의 한계와 노동법적 규제의 정당성
노동법학
2004 .12
-
독일 집단적 노사관계법상 판례 법리의 주요 특징 - 노사관계 안정화를 위한 노동조합 및 단체협약적용 관련 판례이론을 중심으로 -
고려법학
2010 .01
-
단체협약 효력확장제도의 재조명
노동법학
2014 .06
-
中國의 集團的 勞動紛爭 處理制度
경영법률
2013 .01
-
노동조합 대표자의 단체협약 체결권 관련 법적 쟁점
노동법포럼
2020 .02
-
중국과 일본의 근로계약법제와 입법론적 시사점
노동법논총
2008 .06
-
권리분쟁 사항과 단체교섭 사항에 대한 재검토
노동법논총
2017 .08
-
근로계약법의 이론적 정초
노동법학
2013 .12
-
중국 근로계약법제에 관한 연구
법학논집
2009 .01
-
노동3권의 보장의의와 내용
고려법학
2007 .01
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0