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Legislation with regard to unfair labor practices is important in a market economy, and seeks to protect workers' rights to form trade unions and to standardize and balance labor relations. Such legislation epitomizes the sociological features of labor laws. It is now imperative for China to enact legislation with regard to unfair labor practices. The statutory stipulation of the right to form a trade union, and the ongoing legislative activities designed to improve this right provide the legal basis and environment... Legislation with regard to unfair labor practices is important in a market economy, and seeks to protect workers' rights to form trade unions and to standardize and balance labor relations. Such legislation epitomizes the sociological features of labor laws. It is now imperative for China to enact legislation with regard to unfair labor practices. The statutory stipulation of the right to form a trade union, and the ongoing legislative activities designed to improve this right provide the legal basis and environment for legislation on unfair labor practices in China. Such legislation should mainly spell out unfair labor practices on the part of employers, for example, discrimination, “yellow dog” contracts, rejection of collective bargaining, and control of and interference in the trade unions. Legislation on unfair labor practices should be matched by regulations governing their elimination. It seems advisable to have both administrative and judicial solutions, with the former playing the leading role. A labor committee consisting of representatives from the government, employers and the trade unions could act to remedy such unfair practices. 不当劳动行为立法 ,是市场经济条件下以劳动者的团结权保障为其法理依据 ,以规范和平衡劳动关系为其直接目的的一项立法措施。不当劳动行为立法集中体现了劳动法律的社会法特征。当前中国亟需不当劳动行为立法。中国关于团结权的成文法规定和正在进行的完善团结权的立法活动 ,为中国不当劳动行为立法提供了法律依据和法律环境。中国不当劳动行为立法主要应规定雇主的不当劳动行为 ,包括差别待遇、黄犬契约、拒绝集体谈判和控制干涉工会等内容。不当劳动行为立法还应匹配其救济规定 ,中国宜采用行政救济和司法救济并行、以行政救济为主的方式 ,至于救济机关 ,则可考虑由政府、雇主和工会三方组成劳动委员会来承担 This article introduces the four principles of revising the “Trade Union Law of the PRC” The stresses include to emphasize the safeguarding function,collective bargaining and the workers' congress,to enlarge the extent of protecting trade union cadres and clarify the means and ways to safeguarding legitimate rights and interests of the staff and workers 修改《工会法》的原则有四 ,本文一一作了介绍 ;修改内容的中心是突出了工会的维护职责 ,并明确了工会履行维护职责的主要手段 ,集体合同制度和职代会制度。同时对工会专职干部的设置 ,工会工作者的法律保护也作了相应的法律规定。 The union security clause of collective bargaining contract is a clause which a union and firm agreement to write in their collective bargaining contract and according to this clause the firm give help to the union in enrolling freshmen and collecting the union fees.The U.S.A and Japan admit some of those clausesefficency respectively.In our country,at first, our countrys labor movement is facing a new period now,our trade unions strength and experience are limited;Secondly,the clause of union... The union security clause of collective bargaining contract is a clause which a union and firm agreement to write in their collective bargaining contract and according to this clause the firm give help to the union in enrolling freshmen and collecting the union fees.The U.S.A and Japan admit some of those clausesefficency respectively.In our country,at first, our countrys labor movement is facing a new period now,our trade unions strength and experience are limited;Secondly,the clause of union security is compatible with our current legislation;and lastly,in history,the efficiency of clause of union security had been accepted indirectly during the Anti Japan War.In view of our circumstance,we argue that the legal efficiency of clause of union security should be accepted in our country now.But,at the same time,we should also establish the auxiliary legislation. 集体合同的工会安全条款是企业和工会订立的集体合同中企业同意以某种形式帮助工会招收会员或者收取费用以及其他费用的条款 ,美、日两国都根据其国情承认了部分工会安全条款的效力。根据我国目前的工会组织情况 ,无论是从人、财、物 ,还是从工作经验上都存在着一定问题 ;从目前的劳动立法来看 ,承认工会安全条款的效力并不与目前的立法相冲突 ;从历史上看 ,我国在革命根据地时期也曾间接承认工会安全条款的效力。因此 ,我国原则上应承认工会安全条款的效力 ,但同时还应当注意配套措施的改善
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