我国珠三角地区数十起集体劳动争议案例中出现的工人自发推举谈判代表的法律行动,值得高度关注。其特征是:同一企业中的多数职工,依据民事法律而非劳动法,推选数名工人代表,对其书面委托授权,由其代表这些职工与资方交涉、谈判。此系中国劳动者在特殊制度环境下,基于政治智慧和实践理性而原发性生成的实践模式和独特制度,具有哈耶克所讨论的“自发秩序”特征,有显著的激励和约束功能,可被复制、扩展,可命名为工人代表制。其本质是回避劳动法,回归民法,用类自然法的民事逻辑对中国集体劳动法进行制度、机制、方法替代,是集体劳动关系的催产婆和调整工具,凸显了平等主体间代表权、代表关系的契约本质,既具有启动、诱发集体劳动行为和实施集体劳动争议中仲裁、诉讼行为的功能,也有诸多局限性,需要在权利、主体、行为、程序、责任等方面予以法治化调整。 Dozens of cases of collective labor disputes in the Pearl River Delta in our country have the workers ’voluntary sponsorship of negotiators’ legal actions deserving great attention. It is characterized by the fact that most workers in the same enterprise, based on civil law rather than labor law, select a few worker representatives and entrust them with written authorization to negotiate and negotiate on behalf of these workers and employers. This model of Chinese laborers’ practice and uniqueness based on political wisdom and practical rationality under the special institutional environment possesses the characteristic of “spontaneous order ” discussed by Hayek with significant motivation and restraint Function, can be copied, expanded, can be named as worker representative system. Its essence is to evade labor law, return to civil law, and substitute the system, mechanism and method of Chinese collective labor law with the civil logic of natural law. It is an oxymoro and adjustment tool of collective labor relations, highlighting the right of representation among equal subjects, The contractual nature of the relationship not only has the function of initiating and inducing collective labor behavior and implementing arbitration and litigation in the collective labor dispute, but also has many limitations and requires the rule of law to be adjusted in terms of rights, subjects, behaviors, procedures and responsibilities.