民国时期集体劳动合同立法述论 —— 以 1930 年《团体协约法》为中心

民国时期，通常将个别劳动合同称为劳动契约，而将集体劳动合同称为团体协约。中国劳工立 法较迟，团体协约立法则更晚。国民政府有关团体协约的立法最早可以追溯至 1929 年《劳动法典草案》的编纂， 其后在《工会法》起草过程中也有团体契约权的规定。延至 1930 年，国民政府正式颁行《团体协约法》，这是 中国历史上第一部有关集体劳动合同的专门法律。《团体协约法》的出台因应了当时中国工业化过程中劳资冲 突的实际需求，但也不可避免地存在历史局限。

Collective Labor Contract Legislation in the R.O.C Era: Focused on Group Agreement Act of 1930

The individual labor contract are often called labor contract and the collective labor contract is called the group agreement in the R.O.C era. Chinese labor legislation is late and the group agreement legislation is later. The group agreement legislation of National Government can be traced back to the creation of Labor Code Draft of 1929, there is a regulation of the group contract rights in the drafting of Labor Union Law. In 1930, the national government officially enacted the Group Agreement Act. As the first special law on collective labor contract in Chinese history, the Group Agreement Act was introduced in response to the actual demand of labor conflicts during China''s industrialization, but it was also inevitable that there were historical limitations.