勞動者集體爭議行動地方法制化之研究──以廣東模式為視角

Local Legislation of Labors' Collective Action in Mainland China: A Focus on Guangdong Experience

由利益爭議引發的勞動者集體行動在中國大陸尚屬新生事物，現行立法與現實需求嚴重不符。作為利益爭議集體行動多發的廣東省直接面臨著對該集體行動處理之難題。通過對廣東省若干典型案例分析，可知以勞動者集體行動所推動的集體談判機制已然已經形成，如何將集體談判機制以及集體行動納入法制化之軌道亦成為廣東省政府不可迴避之問題。作為中國大陸重要「立法試驗田」，廣東省已經開始嘗試對集體談判機制及集體行動進行地方性立法。無論其成功與否，將是集體勞動關係立法的寶貴經驗。

Labors' collective action caused by interests of the controversy is a newborn thing in Mainland China, and the current law fails to meet the practical needs. As an area where the collective actions on the interests of the controversies taken place frequently, Guangdong Province is facing how to handle these hot potatoes. By analyzing a number of the typical cases of Guangdong Province, we know that a system of collective bargaining which promoted by labors' collective actions has already formed. It is also an inevitable problem to the government of Guangdong Province that how to conduct the collective bargaining system and the collective actions into a legalize track. Seen as the important experimental plot of lawmaking in Mainland China, Guangdong Province has tried to formulate the local regulations for the collective bargaining system and the collective actions. Whether it worked or not, it will be a valuable experience to the lawmaking of the labor relations.