East China Normal University, Shanghai, China
Through in-depth study of the case that collective bargaining on boycott
Shanghai Carrefour for 12 years, finally signe
d a collective contract and established a
collective consultation mechanism under the direct involvement of the Shanghai
Federation of Labor Unions, this articles aims to explore the institutional dilemma
faced by China’s labor unions. Collective bargaining, in theory of law, has the basic
premise that with labor union’s mediation, labors obtain relatively equal footing with
management, so as to safeguard the rights of workers by means of negotiation.
However, view from the existing system in China, trade unions is ambitious but lack
of system protection, which actually cannot win position to compete with the
management, and it is difficult to play a role. The author found facts from case studies
that, the China’ trade union is unequal to the management in rights, democratic
management right and Judicial relief. The existence of above unequal lead to the
result that China’s trade unions is difficult to carry out a true collective bargaining,
collective bargaining becomes a mere formality.