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我国《劳动合同法》第56条规定,对因履行集体合同发生的争议可以申请仲裁、提起诉讼。但对此类争议的性质、权利争议当事人的诉讼主体地位及法律责任等均未作出规定。本文通过对此类争议的分析,认为集体合同权利争议不应纳入劳动争议的范畴之内,而是应当作为一类特殊的案件来处理;工会作为一方诉讼主体不是充当诉讼代表人的角色,而是诉讼担当人;对于不履行集体合同,工会主要是承担道义上的责任,而用人单位则应根据其行为的性质,承担违约责任或违法责任。
Article 56 of China’s “Labor Contract Law” stipulates that any dispute over the performance of a collective contract may apply for arbitration and lawsuit. However, no provisions have been made on the nature of such disputes, the subject matter of the parties to the rights dispute, and legal liabilities. By analyzing such controversies, this paper argues that disputes over the rights of collective contracts should not be included in the scope of labor disputes, but should be treated as a special type of cases. As the main body of a litigation, the trade union does not act as the representative of the litigation, Is the litigant responsible person; for the non-performance of collective contracts, the trade unions mainly assume the moral responsibility, and the employing units should, according to the nature of their acts, bear the liability for breach of contract or liability.