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集体合同工作难以落实的主要表现,包括劳资双方或单方协商代表缺位而无法谈判;因协商代表角色存在问题而走过场;双方主体经济地位不平等而无法平等谈判;知识、信息掌握不同而难以平等谈判。工会难以落实集体合同工作的深层原因,是我国工会组织利益诉求模糊,工会组织包括工会主席缺乏代表性,劳方及工会缺乏有效地表达自身诉求的手段。解决上述问题的基本思路是:明确劳方及其代表(工会)、资方及其代表(工商联、企业家协会)、政府各自的性质和角色,并在现实中回归各自应有的性质和角色。
The main manifestations of the difficulty in implementing the collective contract work include the lack of negotiation between the employers and employees or their unilateral negotiators; the passing of the negotiator’s role; the unequal economic status of both parties and their unequal negotiation; the unequal access to knowledge and information, negotiation. The deep reason why trade unions are hard to implement the collective contract work is the ambiguity of the interests of trade unions in our country. The trade unions include the lack of representation of trade union chairpersons and the lack of effective means for labor and trade unions to express their own demands. The basic idea for solving the above problems is to clarify the respective nature and role of labor and its representatives (trade unions), employers and their representatives (federations of industry and commerce, entrepreneurs) and governments and to return to their respective nature and role in reality.