중국 노동3권의 현황 및 전망

Abstract

Recently China’s legislature enacted labors-friendly Labor Contract Law, Law on Mediation and Arbitration of Labor Disputes, Law on Promotion of Employment and Social Insurance Law, strengthening the protection of labor rights. However, although the general legal environment of labor relations has rapidly changed, regulations for Three Labor Rights have not been developed. In other words, the Chinese government has been enthusiastic to reform labor regulations for labor issues on individual and national level, but shown a lukewarm attitude to the collective labor rights. Under such background, I have researched mainly on the current situation and further development direction of Three Labor Rights as well as study the currently existing issues related to these rights. In China, each trade union is a sub-division of All China Federation of Trade Unions(ACFTU)and is excessively dependent financially on the enterprise and the government. Rules on establishing and operating a trade union are not in accord with those of International LaborOrganization and it is, and it will be even in the future, unpractical to establish a trade union independent from ACFTU within the current legal framework. Furthermore, it is expected that ACFTU will continuously strengthen its control and support over trade unions. As for the right to collective bargaining issue, it is difficult for employees to claim their rights to employers and government without existence of trade unions which represent the employees indeed for the benefits of them, or without the right to strike which is specifically stipulated in law. As a result,promoting the right to collective bargaining may rely on ACFTU’s policy, other than law, from top to bottom. Also, the right to strike has not yet been stipulated as a basic right on the Constitution,and neither are there any provision on the requirements of initiating a strike, the rights of the trade union, the process of a strike, the related administrative authority, the term of a strike and the penalty. However, as the market economy has developed significantly in China,labor-and-management conflicts have become inevitable and a series of strikes without any trade union’s involvement have already occurred. As a result, the right-to-strike issue has become a social problem that cannot be ignored anymore and on the national level, it is necessary to stipulate the right to strike on the related laws in order to decrease the adverse influence caused by illegal strikes as well as protect laborers’ right to strike.