Decline of organizationsrate of trade unions and labor law

劳动法的根本前提是集体治理应该取代个人自治。如果集体治理失败，就没有办法找到合适的雇佣合同条款和条件。这张照片与日本的情况非常接近。因此，本研究旨在寻找其他方法来寻找公平合理的条款和条件。集体劳动关系的重新确立、个人劳动法的重新制定和争议解决制度的重新构建是需要探讨的三个问题。集体劳动关系的重建会产生许多问题。个人劳动法可能更可取。为此目的，应努力编纂劳动合同法。虽然很难找到公平的条款和条件，但判例法可以提供这样的条款和条件。但是，它必须考虑到雇佣合同的性质，法院应该更容易获得。

The root premise of labor law is that collective governance should be substituted for individual autonomy. If collective governance fails, there is no alternative way to find proper terms and conditions of employment contract. This picture is very close to what is happening in Japan. Therefore this research aims at finding other ways to find terms and conditions, which are fair and reasonable. There are three problems to be discussed, re-establishment of collective labor relations, re-invention of individual labor law and re-construction of disputes resolution system.Re-establishment of collective labor relations can give rise to many problems. Individual labor law may be preferable. For these purposes a codification of law of employment contract should be pursued. Although it is very difficult to find fair terms and conditions, case law can provide such terms and conditions. However it must take nature of employment contract into consideration, and courts should be more accessible.