The Study About Diversification Of Dispute Settlement Mechanism Of Labor Disputes In China

In the 21st, human resources are the primary resources. The relatinship between labours directly affect the development of plans for economic entities, and has become the measure of a country's economic potential for sustainable development, and it has become an important symbol of it. The labour dispute is an issue which emerged from the litigant of the relationship depended on their labour right of and obligation. It based on the labour relationship. Dispute appears when labour exists. By the deep-gong with our countries'policy of reforming and opening, espencially the establish and development of socialist market economy, the number of labour dispute is going up and it has become more and more complicated, and the contradiction turns into sharply.Since China resumed the Handling of Enterprise Labour Dispute formally in 1987, we've issued a series of laws, such as, the "Regulations on Handling Labor Disputes," "Labor Law", "Trade Union Law," "Labor Contract Law," "Labor Dispute Mediation and Arbitration Law" and other labor laws and regulations. Established "one adjustment, one sanction" labor dispute handling system. Under the law, China's labor dispute mediation committee bodies, including the labor dispute, labor dispute arbitration committee and the courts. The existing mechanism for handling labor disputes in adjusting the labor relations and safeguard the legitimate rights and interests of employees and employers play a key role, but as the economic system changes and the trend of economic globalization, strengthening of existing institutions increasingly highlighted the shortcomings presented.The diversification of the labor dispute is the dispute settlement mechanism of labor relations disputes between the parties, the variety of dispute resolution methods in their specific features and characteristics, the presence of coordinated together to form a complementary relationship between the parties to meet the labor the diverse needs of the procedure system and dynamically adjust the system. The author in the review mechanism of China's current labor dispute, while the main issues, put forward a sound mechanism for dispute resolution of labor disputes variety of specific ideas. First, it emphasized to clarify the particular dispute and the collective dispute processing mode, namely, the "establishment of individual disputes," or dismissed or the trial, each of finality" of the "dual track" processing mechanism and the collective mechanism of collective bargaining disputes. Second, compared with Germany and the United States, and learning from the advanced experience of handling labor disputes, improving the existing mediation, arbitration proceedings, actively carry out the interface between the various programs work to fully mobilize and integrate resources of all sectors of society as possible to meet the social and demand for workers to resolve the dispute, to resolve labor disputes and procedural justice, substantive justice, unity, and to make our society harmony and stability.