集体劳动关系是因劳动者自愿联合成独立主体与用人单位或其团体在平等、自主的前提下,就劳动待遇、劳动条件等进行谈判而形成的宏观劳动关系,而集体合同是劳资团体对等谈判达成协议的结果。劳动者联合组成工会的权利之法律依据是《宪法》中关于公民的结社权~①和《劳动法》上劳动者的团结权~②以及《工会法》所规定的职工自愿联合的权利。~③但仅有集体合同制度规定~④而无独立主体之间的利益实质博弈,只是形式上或者纸面上的集体劳动关系。通过建立工会独立性保障机制,落实劳动者的团结权、谈判权、行动权及正确发挥公共机构的平衡作用,引入工人代表制,切实保障实质集体劳动关系的运行,才能有效化解劳资矛盾,使劳、资、政三方各司其职,各负其责,各得其所,进而达到构建和谐劳动关系的终极目标。在修改《劳动合同法》时,应注意与《宪法》《劳动法》相关条款协调一致。 Collective labor relations are the result of macro-labor relations arising from the negotiation of labor treatment, working conditions and the like on the premise of equality and autonomy of the laborers voluntarily united into an independent main body and the employing unit or its group, while the collective contract is equal to the collective bargaining The outcome of the negotiations to reach an agreement. The legal basis for workers’ rights to jointly form trade unions is the right of association of citizens in the Constitution, and the right of workers to solidarity in the Labor Law, as well as the right of workers and staff as stipulated in the Trade Union Law. However, only the stipulation of the collective contract system ~ 4 without the substantive gambling of interests between independent entities is only the formal labor relations or the collective labor relations on paper. Through the establishment of a system of guaranteeing the independence of trade unions, implementing the workers’ rights of solidarity, negotiation, and action, and properly giving play to the balance of public institutions, the introduction of the worker representative system and the effective protection of the operation of the substantive collective labor relations can we effectively resolve the labor-capital conflicts and Labor, capital and political parties play their respective roles, each with its own responsibility and its own advantages, so as to achieve the ultimate goal of building a harmonious labor relations. When amending the Labor Contract Law, attention should be paid to harmonization with the relevant provisions of the Labor Code of the Constitution.