"劳动三权":构筑现代劳动法律的基础

现代劳动法律发展的重要标志是重视对集体劳动关系的规范和调整。以团结权、集体谈判权 和争议权为基础的集体劳动权利体系,构成了现代劳动法律的基础。"劳动三权"的核心是集体谈判权,团结 权和争议权的目的均是为了集体谈判。团结权是集体谈判权的前提和基础,是进行集体谈判的"先行行为"。 争议权则是实现集体谈判权的辅助性权利,是保障集体谈判得以开展的压力手段。

"Three Labor Rights": The Basis of Constructing Modern Labor Law

The prominent mark of modern labor law development is the emphasis on the regularization of the collective labor relations. The system of the collective labor rights that base on the right to organize, collective bargaining and strike make up of the foundation of the modern labor law. The core of the "Three Labor Rights" is the right to collective bargaining, the aim of the right to organize and strike is collective bargaining. The right to organize is the premise and foundation of the collective bargaining and is also its precondition. The right to strike is the subsidiary to realize the collective bargaining, and is also the compressive means to secure the promotion of the collective bargaining.