The Current Legislation of Collective Bargaining Dispute Resolution: An Analysis Based on the Regulations in Germany
Author(s): Tu Wei, Cai Yujie, School of Business, Xinjiang Normal University
Pages: 19-26
Year: 2015 Issue: 1
Journal: Human Resource Development of China
Keyword: Dispute During the Collective Bargaining; the Autonomy of Collective Agreement; Principle of National Neutrality; Principle of Last Resort;
Abstract: As an important labor market institution, collective bargaining plays an important role in resolving labor conflicts, regulating parties’ interests and adjusting working conditions. But current Labor Law only provide limited regulations on how to resolve the dispute during bargaining, namely, there are merely two paths of mutual consultation and coordination with the Government. The limitation of current resolution regulation lies mainly in three aspects: invalidation of construction between party autonomy and national compulsory intervention, no regulation of the relationship among government coordination, arbitration, and litigation, no explicit provisions of the relationship between collective bargaining and industrial conflict. Germany stresses three principles of autonomy of collective-agreement, national neutrality, and last resort in dealing with collective bargaining disputes, which is enlightening reference on China’s collective bargaining dispute settlement resolution.
Pages: 19-26
Year: 2015 Issue: 1
Journal: Human Resource Development of China
Keyword: Dispute During the Collective Bargaining; the Autonomy of Collective Agreement; Principle of National Neutrality; Principle of Last Resort;
Abstract: As an important labor market institution, collective bargaining plays an important role in resolving labor conflicts, regulating parties’ interests and adjusting working conditions. But current Labor Law only provide limited regulations on how to resolve the dispute during bargaining, namely, there are merely two paths of mutual consultation and coordination with the Government. The limitation of current resolution regulation lies mainly in three aspects: invalidation of construction between party autonomy and national compulsory intervention, no regulation of the relationship among government coordination, arbitration, and litigation, no explicit provisions of the relationship between collective bargaining and industrial conflict. Germany stresses three principles of autonomy of collective-agreement, national neutrality, and last resort in dealing with collective bargaining disputes, which is enlightening reference on China’s collective bargaining dispute settlement resolution.
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