Home Issues Past Issues MCS 2012 Issue 2 The Comparison between Collective Bargaining Agreements from the Taiwan Collective Bargaining Agreement Act and Collective Contract from the Mainland China Employment Contract Law
The Comparison between Collective Bargaining Agreements from the Taiwan Collective Bargaining Agreement Act and Collective Contract from the Mainland China Employment Contract Law
Abstract: In the 21th century’s first decade, China has made great progress in social legislation. The Female Rights Protection Law of 2005, the Employment Promotion Law of 2007, the Labor Contract Law of 2007 and the Social Insurance Law of 2010 were passed to regulate a wide scope of labor practices and to provide fair employment, better labor conditions as well as social benefits regarding unemployment, occupational injuries, retirement and healthcare. The Labor Contract Law drew more public attention than any other laws. It invited 190,000 recommendations in the month following the disclosure of its draft bill.

Unlike Taiwan’s Collective Agreement Law of 1930 governing the practice of collective agreement between unions and management, Chinese Labor Contract Law also regulates collective labor contract’s equivalence to a collective bargaining agreement. This paper compares the provisions specifically governing collective labor contracts with Taiwan’s Collective Agreement Law.
The findings of the comparison are:
1. The laws of both sides governing the agreements or contracts are, in nature, substantially private laws even though China set several compulsory administrative requirements for concluding a valid collective labor contract.
2. The legal concept denoting a Collective Labor Contract or Collective Agreement is a separate concept from the employment contract or individual labor contract and refers to a private contract regulating labor conditions and subject matters regarding labor relations between union and management. The contract will impose civil obligations on the parties and may be litigated due to a breach of covenanted term.
3. With the government’s assistance, collective labor contract has been widely established for self-regulating the labor conditions and labor relations in China but a Collective Agreement has not yet become a significant scheme for self-regulating the labor conditions and labor relations in Taiwan.Keywords: Taipei Fine Arts Museum, exhibition, modern art, contemporary art, hegemony.