The hidden worries behind the high-profile implementation of wage collective bargaining

Collective bargaining: The hidden worries behind the rise of the Wang Yu July 2, the National Federation of Trade Unions issued a message that the grassroots Union to the initiative to the unpaid collective bargaining enterprises to issue an offer, and, if necessary, to cooperate with the Labor administration to hold its legal responsibility.　　This is seen as the most stringent wording of the collective bargaining exercise in recent years.　　In the context of frequent labor disputes such as Foxconn and Guangzhou Honda, collective bargaining has been raised frequently from the central to the local, from the government to the trade unions, and wage collective bargaining has been seen as a relief valve to ease labour conflicts and income distribution gaps.　　Can this system be expected to live up to expectations? Looking for a balance point of labor and capital the June 17, Shenyang KFC's female worker Chen as a staff representative witnessed the signing of collective labor contract.　　According to the collective contract, the minimum income of the KFC staff in Shenyang was raised from 700 yuan to 900 yuan, and the average wage of workers was no less than 5%.　　This is a sample of the advance of Chinese-style collective contracts. In the six-month period, Shenyang Municipal Federation of Trade Unions and the service Industry Union to guide the Kentucky KFC trade union held several consultations.　　The union's strong push for collective bargaining has finally set the balance of interests that both employers and employees are willing to accept, although KFC has been quite passive.　　Guangzhou Honda workers spontaneous promotion, Shenyang KFC helpless "cooperation" demonstration, making Chinese workers more and more familiar with a noun: collective bargaining. Collective bargaining, in recognition of the conflict of interests between employers and employees, emphasizes the mutual interests of both sides through the negotiation of collective agreements.　　Collective bargaining of wages is its core content. More and more Chinese workers have tasted the benefits of collective bargaining. June 24, the National Federation of labor Unions pay collective bargaining work on site experience meeting held in Yingkou.　　According to the data provided by the Conference, as of September 2009, the national wage-specific collective contract 512,000, covering 902,000 enterprises, covering 61.776 million employees.　　According to the total statistics, in some cities, the wage collective bargaining enterprises, the general wages of workers than the same industry did not implement collective bargaining of wages 10% to 15%. From the perspective of institutional design, collective bargaining is a boon to the relatively disadvantaged workers.　　Cheng Yanken, a professor at the Institute of Labor and Personnel of Renmin University of China, who focuses on and studies collective bargaining, argues that labour relations are essentially a matter of profit, and collective bargaining aims to achieve a balance of interests acceptable to both employers and employees. Because of this, collective bargaining is regarded as the best system design to solve the labor conflict.　　And because the core is the collective bargaining of wages, it is considered to be helpful to increase the remuneration of workers, reduce the income gap. In fact, collective bargaining is not a term. Since 1995, the system has been gradually introduced throughout the country.　　The Trade Union Act, the Labour Code and the labor Contract Act have all provided for the system. From now on, there are some effective ways to promote collective bargaining. For example, the General Union of ShenyangIn the negotiations, the grassroots trade unions "do not dare to talk, do not discuss" the situation, the formation of a group of experts on wage negotiations. The panel includes professionals from the industrial, commercial, taxation and judicial fields and participates in the collective bargaining of specific enterprises in the capacity of an employee negotiator.　　It is understood that the current practice has been extended to the province, Liaoning has a collective bargaining experts (instructors) 5348 people.　　In addition, Hangzhou, Yingkou and other places also combined with the situation, actively explore the effective way to promote collective bargaining. On a nationwide scale, a grand collective bargaining campaign is underway.　　But this work still faces many difficulties. At present, the outstanding problem in collective bargaining is insufficient coverage.　　According to Renmin, vice president of the National Federation of Trade Unions, this year, there are 13 million enterprises in China, and more than 10 million SMEs have not established a collective bargaining system for wages.　　Another outstanding problem is that, even among the companies already covered, there is still a considerable amount of collective bargaining which has not really been set up.　　Low coverage and poor practical results underscore the resistance faced by the system of collective bargaining in China.　　Vacant negotiating Table A senior Labor relations expert told the first financial daily, the current work of the biggest resistance is the lack of the subject of negotiations. "In layman's terms, we are going to advance collective bargaining, and now is the question of who sits at the negotiating table." Somebody talk first, then talk about the effect of negotiations.　　"The expert said. Generally speaking, the main body of collective bargaining is laborer representative (trade union) and business representative.　　However, in the concrete implementation, enterprises, especially foreign-funded enterprises, private small business owners have a lower willingness to negotiate, Labor has not established trade unions, the ability of workers to negotiate low.　　In Beijing, a furniture factory in Wenzhou person weeks privately told reporters, now workers think more, not very good tube, if agreed to negotiate wages with them, it is even more.　　Let the trade union side is helpless, in the current legal provisions, to not cooperate with the development of collective bargaining enterprises, there is no mandatory legal provisions.　　The 33rd article of the labor Law on collective bargaining of wages is only optional clause, that is, "enterprise employees and enterprises can work on remuneration, working hours, rest and leave, labor safety and health, insurance and welfare, and other matters, signed collective contract." "Under the labour Contract law, a party negotiates and the other party must cooperate without delay." But what if he delays you? It is difficult to restrain and urge him now. Said is ordered rectification, but not mandatory.　　One of the local ACFTU officials told reporters helplessly.　　The lack of the main body of the negotiations now, due to the large number of small and medium-sized enterprises in the negotiations, the main body is not perfect, one to promote the collective contract is very difficult, therefore, the National Federation of Trade Unions are pushing through the industry negotiations to expand collective contract coverage. The main subjects of the trade negotiations include government Labor Department, trade union organization and Industry employer organization. According to the reporter understand, the current trade union organization and industry sex employmentThe main organization is still not sound, China's current trade union organization system, or to provincial, municipal, county and other local trade unions, industrial unions, trade unions, the organization of the system is relatively imperfect, most of the following cities have not established industry-oriented, industrial trade union organizations.　　In the case of employers ' organizations, the Chinese Federation of Enterprises (hereinafter referred to as "Sino-Union") is the only recognized representative organization of the Chinese employer by the International Labour Organization, while in fact, the company has directly affiliated with more than 3,000 corporate members, associate member Enterprises 40多万家, in terms of representativeness and number of members are　　Especially in some cities and many county level, the company has not set up the corresponding branches, so in the industry collective bargaining, the absence of the main body of the enterprise is particularly prominent. "No one at the bargaining table.　　"A local union chief is so complaining.　　Sun Qunyi, Secretary general of the Remuneration Professional Committee of China Labor Society, believes that the collective bargaining system does face a lot of legal shackles. He believes that the current more effective way to promote the regional collective contract, that is, a number of enterprises in a region to sign collective contracts.　　However, the "Labor Contract Law" stipulates that the following regions of the county are allowed to organize regional collective contracts. To this end, Sun Qunyi suggested that under the existing legal framework, in the county below the small enterprises to talk about, is operational.　　Despite the current negotiations on behalf of the business, there is controversy inside, but whether China or the Federation of Industry and Commerce, can start from a small range of talks.　　Chen Shida, the dean of Zhejiang Labor and Security Research Institute, suggested that the salary consultation system should be raised to the national legislation level as soon as possible, which could change the problem of low legislative level, not matching and rigid binding. The new challenge of trade unions despite the obstacles to collective bargaining, there is still a greater space for the present.　　A number of experts interviewed said that under China's current system, the most direct and effective is the Union self-improvement, exerting force to promote collective bargaining. The first is the enterprise trade Union level.　　The two major problems faced by the trade unions at present are: first, the rate of the establishment is not enough, the second is because of the inherent control of enterprises, trade unions are weak, it is difficult to represent the interests of workers. The direct reason for the weak trade union strength is that the trade unionists are appointed by the enterprises, many of which are run by corporate executives concurrently.　　In view of this situation, the whole is currently directing some places to conduct the socialization of the union president, professionalism, in order to improve the independence of trade unions. More important than trade unions are local unions at all levels of the ACFTU system.　　At present, the national provinces, counties and even streets have established a basic and perfect trade union organization system, is China's largest group of organizations. A senior Labor relations expert told the Reporter: "In the past, the labor union system of energy in the selection of model workers, the organization contest, and now the labor conflict is outstanding, trade unions if the energy transfer to the rights, when there is much to do." "Sun Qunyi analysis, China's trade unions have their own difficulties, not only to safeguard the interests of workers, but also to protect the interests of enterprises, and in fact, the two sides are also a division of the relationship between profits, it is difficult toDo。 According to the current laws and regulations, the trade union system does not have the "sword" with greater coercive force.　　But it is not an unlicensed trade union hand.　　Cheng Yanken that the case of the KFC in Shenyang should be a feasible mode to promote collective bargaining at present. Starting from the end of 2009, Shenyang Municipal Federation of Trade Unions actively contacted enterprises to propose collective bargaining requirements. In the case of many delays in the enterprise, this March 31, Shenyang Municipal General Union to the Shenyang KFC administrative party issued a letter of attorney.　　June 17, under the pressure of public opinion, KFC finally agreed to sign a collective contract containing the terms of wage growth. "For those enterprises whose profits are better and their wages are relatively low, there is no simultaneous growth, and it is indeed possible to push enterprises to participate in collective bargaining through the strong advancement of trade unions."　　"Cheng Yanken said. July 2 The general release of the news by experts as the case of the Shenyang KFC confirmed.　　In the news, the grassroots unions were encouraged to reject or disguise the offer, failure to respond to the offer and other acts, the local trade unions issued a "rectification proposal", the refusal to rectify, brought to the Labor administration to deal with the law, and the overdue should be in line with the Labor administration department to investigate and prosecute its legal responsibility.　　A Union cadre who has worked in the trade union system for more than 20 years told reporters that the top leaders of all levels of trade unions at the national level are often the important local party and government leadership, such as Liang Wei, chairman of the Beijing Municipal General Union, and Shori of the Shenyang Federation of Labor unions. "If the union system is to push things together, the energy is great."　　The insider said.　　It is understood that at present, there are 13 provinces (districts, municipalities) in the name of the party committee or Government issued documents to promote the implementation of collective wage consultations, 23 provinces (district, city) People's Congress enacted "collective contract provisions" or "collective contract regulations" and other local regulations. In the face of a nationwide push to open the wave of collective bargaining, a number of experts said that increasing the remuneration of workers, safeguarding the interests of workers is the general trend. But at the same time, we should pay attention to the effectiveness of collective bargaining while striving to improve the coverage of collective contract, and we should play the role of collective bargaining in harmonious labor relations.