推行集体谈判和集体合同制度若干问题研究
发布时间：2019-01-13 09:50
【摘要】： 在向社会主义市场经济过渡的关键时期，经济结构的战略性调整，公有制实现形式的多样化和非公有制经济的快速发展，社会就业方式、利益关系和分配方式的日益多样化，以及不健全的劳动关系法律法规体系，使得当前我国劳动关系正在经历着广泛而深刻的变化，正在造成我国目前企业权力重心偏向管理层和工人地位下降的结构性矛盾。这种结构性矛盾的形成过程是社会利益关系格局重新调整的过程，任何对劳动关系问题的处理不当，都有可能诱发社会动荡，延误经济体制改革的整体进程。 各国的发展经验都表明，和谐稳定的劳动关系是一个国家经济持续健康发展的重要前提条件，连绵不断日益激烈的劳资冲突必然会阻碍企业生产经营秩序和经济增长，影响社会稳定，甚至危及国家安全。在当前中国，研究并构建市场经济条件下新型的劳动关系协调机制是改革过程中提出的一个严峻课题，具有特殊的现实必要性和紧迫性。 集体谈判和集体合同制度是市场经济国家用以调整劳动关系而普遍实行的一种劳动法律制度。通过集体谈判和集体合同制度的推行，可以及时充分地反映职工的意见、要求，把自发的、无序的冲突，变为有序的依法协商和协调，保证劳动关系的和谐稳定运行，促进企业健康发展。集体合同制度使得劳动者与用人单位在实际地位上获得一定程度的平等，从而有效地维护劳动者的合法权益。2002年9-10月发生在美国西海岸的“封港”事件已经充分证明了推行集体谈判和集体合同制度的重大现实意义。 本文将在分析市场经济条件下集体谈判和集体合同制度一般规律的基础上，充分运用博弈经济学、西方劳动经济学等学科的研究成果，借鉴西方发达市场经济国家处理劳资冲突的重要经验，结合我国向市场经济过渡过程中劳动关系发生的新变化，分别从劳动法学、产权经济学和制度经济学的多重角度论证在我国现实条件下加快推行集体谈判和集体合同制度的特殊必要性，，并针对当前实践过程当中所存在的若干主要问题进行较为深入的分析，以期推动集体谈判和集体合同制度在我国的顺利实施和运行，促进利益协调性劳动关系在我国的实现。
[Abstract]:In the crucial period of the transition to a socialist market economy, the strategic adjustment of the economic structure, the diversification of the forms of public ownership and the rapid development of the non-public sector of the economy, the increasing diversification of the social employment mode, the relationship between interests and distribution, As well as the imperfect system of labor relations laws and regulations, the current labor relations in our country are undergoing extensive and profound changes, which is causing the structural contradiction that the center of power of enterprises in our country is inclined to the management and workers' status decline at present. The forming process of this kind of structural contradiction is the process of readjusting the pattern of social interest relations. Any improper handling of the labor relations may induce social unrest and delay the whole process of economic system reform. The development experience of various countries shows that harmonious and stable labor relations are the important prerequisite for a country's sustained and healthy economic development, and the continuous and increasingly fierce labor conflicts will inevitably hinder the order of production and operation and economic growth of enterprises. Affect social stability, even endanger national security. At present, it is a serious subject in the reform process to study and construct a new labor relationship coordination mechanism under the condition of market economy in China, which has special realistic necessity and urgency. Collective bargaining and collective contract system is a kind of labor law system which is widely applied to adjust labor relations in market economy countries. Through collective bargaining and the implementation of the collective contract system, the opinions of the workers and staff can be fully reflected in a timely manner, requiring that the spontaneous and disorderly conflicts be transformed into orderly consultations and coordination in accordance with the law, so as to ensure the harmonious and stable operation of labor relations. To promote the healthy development of enterprises. The collective contract system enables workers and employers to obtain a certain degree of equality in their actual status. In order to effectively safeguard the legitimate rights and interests of laborers, the "sealed-port" incident that took place on the West Coast of the United States in September-October 2002 has fully proved the great practical significance of carrying out the system of collective bargaining and collective contract. On the basis of analyzing the general law of collective bargaining and collective contract system under the market economy, this paper will make full use of the research results of game economics, western labor economics and so on. Referring to the important experience of the western developed market economy countries in dealing with the labor conflicts, and combining the new changes in the labor relations in the process of our country's transition to the market economy, the author analyzes the labor law separately. The multiple angles of property economics and institutional economics demonstrate the special necessity of speeding up the implementation of collective bargaining and collective contract system under the realistic conditions of our country. In order to promote the smooth implementation and operation of collective bargaining and collective contract system and to promote the realization of harmonious labor relations in our country, this paper makes a deep analysis of some main problems existing in the current practice process.
【学位授予单位】：首都经济贸易大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：F246
本文编号：2408330
[Abstract]:In the crucial period of the transition to a socialist market economy, the strategic adjustment of the economic structure, the diversification of the forms of public ownership and the rapid development of the non-public sector of the economy, the increasing diversification of the social employment mode, the relationship between interests and distribution, As well as the imperfect system of labor relations laws and regulations, the current labor relations in our country are undergoing extensive and profound changes, which is causing the structural contradiction that the center of power of enterprises in our country is inclined to the management and workers' status decline at present. The forming process of this kind of structural contradiction is the process of readjusting the pattern of social interest relations. Any improper handling of the labor relations may induce social unrest and delay the whole process of economic system reform. The development experience of various countries shows that harmonious and stable labor relations are the important prerequisite for a country's sustained and healthy economic development, and the continuous and increasingly fierce labor conflicts will inevitably hinder the order of production and operation and economic growth of enterprises. Affect social stability, even endanger national security. At present, it is a serious subject in the reform process to study and construct a new labor relationship coordination mechanism under the condition of market economy in China, which has special realistic necessity and urgency. Collective bargaining and collective contract system is a kind of labor law system which is widely applied to adjust labor relations in market economy countries. Through collective bargaining and the implementation of the collective contract system, the opinions of the workers and staff can be fully reflected in a timely manner, requiring that the spontaneous and disorderly conflicts be transformed into orderly consultations and coordination in accordance with the law, so as to ensure the harmonious and stable operation of labor relations. To promote the healthy development of enterprises. The collective contract system enables workers and employers to obtain a certain degree of equality in their actual status. In order to effectively safeguard the legitimate rights and interests of laborers, the "sealed-port" incident that took place on the West Coast of the United States in September-October 2002 has fully proved the great practical significance of carrying out the system of collective bargaining and collective contract. On the basis of analyzing the general law of collective bargaining and collective contract system under the market economy, this paper will make full use of the research results of game economics, western labor economics and so on. Referring to the important experience of the western developed market economy countries in dealing with the labor conflicts, and combining the new changes in the labor relations in the process of our country's transition to the market economy, the author analyzes the labor law separately. The multiple angles of property economics and institutional economics demonstrate the special necessity of speeding up the implementation of collective bargaining and collective contract system under the realistic conditions of our country. In order to promote the smooth implementation and operation of collective bargaining and collective contract system and to promote the realization of harmonious labor relations in our country, this paper makes a deep analysis of some main problems existing in the current practice process.
【学位授予单位】：首都经济贸易大学
【学位级别】：硕士
【学位授予年份】：2003
【分类号】：F246
【引证文献】
相关博士学位论文 前1条
1 潘莉芳;不对等条件下的劳动合约研究[D];华中科技大学;2012年
相关硕士学位论文 前5条
1 陆慧;集体谈判制度中的主体问题研究[D];广西大学;2006年
2 殷建华;中国集体合同的现状及问题的解决[D];内蒙古大学;2008年
3 高新峰;集体合同制度若干法律问题研究[D];复旦大学;2008年
4 金敏;中国劳资关系调整中的集体谈判制度研究[D];南京财经大学;2012年
5 杨敏;论我国集体谈判制度的完善[D];华侨大学;2012年
本文编号：2408330
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