Author(s)

Bai Xue ¹

Affiliation(s)

¹ School of Law, Xinjiang University, Urumqi, China

Corresponding Author

Bai Xue

ABSTRACT

The CPTPP aims to be "comprehensive and progressive", with its progressiveness primarily reflected in the integration of labor rights with international trade rules, requiring member states to incorporate various labor rights stipulated in the agreement into their domestic laws and related practices. This paper focuses on the provisions related to collective bargaining rights under the CPTPP, revealing the gaps between China's labor collective bargaining system and the CPTPP in terms of trade union independence, negotiation effectiveness, and legal remedy mechanisms. In China, issues such as the administrative tendencies of trade unions affecting their representational efficacy, the vagueness of collective bargaining content, insufficient practical effectiveness, and ambiguous legal remedy provisions pose obstacles to aligning with CPTPP labor standards. By drawing on the reform experiences of CPTPP member states like Vietnam and Mexico in aligning with CPTPP labor standards, this paper proposes pathways for China, including legislative improvements, promoting trade union representativeness and autonomy reforms, strengthening the binding force of collective bargaining content, and constructing a multi-level safeguard system, to facilitate the substantive alignment of China's labor protection system with CPTPP labor standards.

KEYWORDS

CPTPP; Labor Standards; Collective Bargaining Rights; Trade Unions; Legal Remedies

CITE THIS PAPER

Bai Xue. Labor Collective Bargaining Rights from the Perspective of CPTPP: A Comparative Analysis and China's Response. Science of Law Journal (2025) Vol. 4: 71-83. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040511.

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