Research On Mode Of Relation Of Labour Arbitration And Litigation

Labour dispute which happenes in labour relation parties is an inevitable accompaniment of labour relation.The number of labour dispute has increased with the development of social productivity.A large number of the labour dispute presents that not only has struck inherent order of the society, but also has influenced the realization of each interests of social subject.Therefore ,solving the labour dispute has become an important problem of maintaining social stability and economic development in the world. Because arbitration and litigation have one's own advantages,they are used widely in dealing with labour dispute.The link of arbitration and litigation ,which must be considered in various countries when setting up labour dispute settlement mechanism.but because of the characteristic of different legal tradition and industry development in different social stages in various countries , it is different to make regulations of relation of the labour dispute arbitration and litigation, and formed many kinds of modes.The existing mode of relation of labour arbitration and litigation in our country which has many drawbacks is not suitable to the development of modern society. This article extremely study the theory of the mode of the relation of labour arbitration and litigation and reforming the existing mode.The thesis comprises four parts. Chapter one, introduce the basis theory of mode of relation of labour arbitration and litigation. Firstly,introduce the concept and classification of the labour dispute .There are two criterias for classification :collective labour dispute and individual labour dispute;vested rights labour dispute and pending rights labour dispute. Different kinds of labour dispute are suitable to the different settlement method for their characteristics. Secondly,introduce the characteristics of labour dispute and labour dispute settlement mechanism. Thirdly,introduce the sorts of mode and their advantage and disadvantage.And then ,in term of practising , the writer has made an introduction to the mode in Australia , Germany and U.S.A. and summarized their characteristic. Finally,by comparative analysis,the writer has summarized characteristics and trends of the mode in the world, to some extent ,and expects drawing lessons from to reform and improve our existing mode . Chapter two,introduce the existing mode in our country.our existing mode means "arbitration first,litigation second". In the past fifty years,this mode play an important role in resolving labour dispute. But in present background,our labor relation takes place a series of changes. Some questions display gradually in the existing mode,as follows: Firstly, "arbitration first,litigation second"has restrained the party's litigious right;Secondly, the procedure is tedious, which cause very high cost to party; Thirdly,"principles of three sides " have not really functioned ; Fourthly, because arbitration and litigation link up improperly, which diminishes the validity of arbitration award and authority of arbitration committee and causes waste of judicial resources and party's distrust of arbitration . On the basis of the analysis of chapter two , we can find that the labour dispute mode of our country demands the reform and perfect urgently . In chapter three the writer makes the analyse on factors considered in selection of mode and system. At present, there are four kinds of opinions about reform mainly in academia and practice circle. But as we know none of these opinions is perfect.The writer think the selection of mode should consider many factors, such as the value idea , social background, etc. Firstly,study on the value of settlement mechanism. Secondly,study on the current situation of economic mechanism and the tradition of culture in china.With joining WTO,there are more and more disputes happened in the field of labor contract with foreign elements in China. Thirdly,a lot of new characteristics have appeared in the labour dispute of our country, such as the number of dispute increases ,more wokers involvei...