The Labor Contract Law

This law took effect on the 1st of January, 2008 and was publicized through the local government throughout the whole of China. This Law formulated the rights and interests of workers in order to develop a harmonious and steady employment relationship, without any misgivings on both sides. It is necessary to highlight at this point that in agreements that pertain to collective bargaining, there are a number of issues that can prove to be highly essential to the process and a collective bargaining agreement can be seldom expected to be complete without these components.

The paragraphs to follow elaborate upon a few of the major issues that are can be considered to be potential components of a collective bargaining agreement. One of the first issues that there exist is the very right to bargain collectively with the employer at hand. These basic rights of liberty, diginity and autonomy have to be in place if any execution of collective bargaining can be expected at all. Also, it is essential that the parties realize that collective bargaining is not a process meant to bring the parties to an agreement but a process that is meant to bring about a self-governing trend in the scenario at hand.

It is a process that is directed towards the establishment of a democratic infrastructure so that violations of labor rights can be prevented and exploitation of employer rights can be prevented as well. It is extremely necessary for the involved parties to realize Collective Bargaining in these perspectives. It is important to realize that collective bargaining is not a phase on its own but rather a process that comprises of a number of phases. In order to attain a concrete understanding of this process, a real world example will now be detailed upon to ensure that a practical understanding is developed.

If collective bargaining was to be referred to as a process, we can regard it to comprise of five distinct phases. These five distinct phases would follow a sequence in the manner such that the first phase would be that of preparation and framing. The second phase would be that of bargaining over how to bargain. The third phase would be opening and exploring. The fourth phase would be focusing and agreeing. The final phase would be the implementation and the administration.

In the first phase the issues are examined to develop an understanding of the importance of the issue. This phase allows for an evaluation of the interest of the primary parties involved in the discussion. This is followed by the second phase in which the ground rules are decided. This is a highly significant phase since it serves to become the very director in which the forthcoming phases will flow and it is essential for the ground rules to be of a multilateral and unbiased nature so that the resulting decisions can also be unbiased (Washburne & Jahr, 2007).

The third stage allows for an evaluation of the solutions that are currently present or need to be developed in order for the problem to be solved. It is customary for brainstorming sessions to be carried out in this stage. The fourth stage is one in which the agreement is drafted once apprehensions regarding the agreement have been put to rest. Once the fourth stage has concluded, the final stage of implementation can follow that incorporates a joint venture of sorts between the parties involved and allows them to share their perceptions with each other more thoroughly.