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劳动力供求双方协商谈判,以和谐的方式确定并以持续的方式实施劳动条件和标准,合作处理日常劳动关系中出现的问题,构成集体协商机制。作为劳动法的重要内容,该机制的主体是指依法独立参加集体协商,签订、变更、解除、续订集体合同,并承担相应责任和义务的组织。集体协商机制主体制度则包括该机制的施行范围和结构,代表产生,协商团队组成,代表职责和特殊保护以及争议解决程序等内容。一、我国集体协商机制的主体制度1988年私营企业暂行条例规定:私营企业工会有权代表职工与企业签订集体合同。以此为标志,集体协商机制在我国法律体系中确立起来。随着此前职代会条例和此后工会法、劳动法、集体合同规定、工资集体协商试行办法等一系列法律法规和规范性文件的出台,集体协商机制包括其主体制度也得
Labor supply and demand sides negotiate and negotiate in a harmonious way to determine and implement the working conditions and standards in a continuous manner, co-operation in the daily labor relations problems that form a collective bargaining mechanism. As an important part of labor law, the main body of the mechanism refers to the organization that independently participates in collective bargaining, sign, change, cancel and renew collective contracts and assumes corresponding responsibilities and obligations according to law. The body system of the collective bargaining mechanism includes the scope and structure of the mechanism, the generation of delegates, the composition of consultative teams, representative duties and special protections, and dispute resolution procedures. I. The Subject System of Collective Bargaining Mechanism in China Provisional Regulations on Private Enterprises in 1988 stipulate that trade unions of private-owned enterprises have the right to sign collective contracts with enterprises on behalf of their employees. With this as a sign, the collective consultation mechanism has been established in our legal system. With the promulgation of a series of laws and regulations and normative documents after the previous Acting Congress and the trade union law, labor law, collective contract and wage collective bargaining, the collective bargaining mechanism including its main body system