Abstract

Info

Title:: Generation and Achievement of the Effectiveness of theCollective Contract: Aiming at Creating “Harmonious Labor”

Keywords:: collective contract; effectiveness; generation; achievement; harmonious labor

Abstract:: The extent to which the effectiveness of the collective contract has been generated and achieved determines whether the contract is able to play the institutional functions of achieving autonomous governance for labor and capital organizations and creating a harmonious relationship between the labor and the capital. The positive view on our labor legislation on the effectiveness of the collective contract provides a legal guarantee for its generation and achievement. This type of legislative attitude and spirit is worthy of approval. However, the current legislation fails to systematically specify for the effectiveness of the collective contract such issues as the determination of its existence, the definition of its range, and its justifiability. This inadequacy should be overcome at the levels of legislative theory and interpretative theory. The achievement of the effectiveness of the collective contract and the development of its management functions, deeply restricted by the trade union system and the organization mechanism, need to find a way out of the difficulties through reform and innovation.