最近,劳动部副部长朱家甄在全国劳动用人制度改革工作会上对劳动合同与集体合同的关系问题作了重要论述。他说,市场经济国家处理劳动关系问题都是劳动者和用人单位双方通过集体协商或者叫集体谈判来解决的,因此很多企业和部门都选用了签订集体合同的方式。我国今后也会走这条道路,这是毫无疑问的,但是劳动关系的确立又不能不考虑我国的国情。目前国有企业正在进行现代企业制度改革试点,现代企业制度试点就是要解决政企不分、加强企业管理、实现社会保障三大问题。由于我国政企不分的同题目前还没有解决,因此企业还带有浓厚的政府附属物的色彩,对国有企业来说,要进行集体协商,就会带来这样一个问题,一方面有着强大的工会,从上到下组织系统很健全,另一方面还找不到代表企业利益的雇主或雇主组织,搞不好雇主还是代表政府的,因此集体协商就会形成工人和政府的谈 Recently, Zhu Jiazhen, the deputy minister of labor, made an important exposition of the relationship between labor contracts and collective contracts in the work conference on the reform of the national employment system. He said that the issue of handling labor relations in the market economy countries is solved through collective bargaining or collective bargaining by both the laborer and the employer, and many enterprises and departments all choose to sign a collective contract. There will be no doubt that our country will take this road in the future. However, the establishment of labor relations can not but take into account the national conditions of our country. At present, state-owned enterprises are carrying out pilot projects on the reform of the modern enterprise system. The pilot of the modern enterprise system is to solve the three major problems: separation of government from enterprises, strengthening enterprise management and realizing social security. Since the same topic of separation between government and enterprises in our country has not been solved yet, the enterprises also have the color of a strong appendage of the government. To state-owned enterprises, collective bargaining will bring about such a problem. On the one hand, there is a strong Of the trade unions, from top to bottom organized system is very sound, on the other hand can not find the employer or employer organizations representing the interests of enterprises, engage in poor or employers on behalf of the government, so collective bargaining will form workers and government talks