Thoughts On The Perfection Of The Labor Dispute Resolution System

Labor right, one of the human rights, is an essential civil right stipulated in the Constitutional law. Meanwhile, labor right shall be protected through the legal procedure as the other rights stipulated in the Constitutional law. Since laboring involves the cooperation of all parties, a labor dispute resolution system, set up by the labors, the employers and the local government, is key to the establishment of a well working condition. The rights of the employees shall be protected as well as the rights of the employers; therefore, the labor disputes shall be resolved duly and justly. At present, the labor dispute resolution system, consisting of negotiation, mediation, arbitration and litigation (arbitration priority), has contributed greatly to resolving the labor disputes and maintaining the social stability. However, with the development of the economy and the gradual evoking of the people's conception of law, the present labor dispute resolution system shall be improved to confront the diversity and complexity of the newly-emerging labor disputes. In this thesis, compared with the foreign systems, the issue concerning the labor dispute resolution system of China is discussed and analyzed, including the concept of the labor dispute resolution system, the actuality and limitation of the present procedure. Then legislative suggestion is presented in order to prefect the labor dispute resolution system, which suggests that the procedure of negotiation and mediation shall be enhanced, and the"one-track"system consisting of arbitration and litigation shall be replaced by the"two-track"system based on the classification.