The Shortage And Perfection Of The Current Labor Dispute Arbitration System Of China

With the further deepening of reform and opening up, further establishing of the socialist market economy, China's labor and employment system has undergone profound changes. In the spreading of international financial crises,the flaws and shortcomings in China's labor and employment system can be fully in the show。The dramatically increasing labor disputes have greatly shaken labor relations, affected the social stability. Based on the history , China's current labor dispute handling mechanisms include consultation, mediation, arbitration and litigation. After the labor dispute, the worker and the employer can also consult with each other。If they do not want to consult or can not negotiate a settlement consultations or non-performance organization they can apply for mediation。If they do not want to mediate or can not mediate to treaty or non-performance organization,they can apply for arbitration from the labor dispute arbitration committee。Who refusing to accept the arbitration, unless otherwise provided by law, may bring a lawsuit. The labor dispute arbitration process is set before litigation, labor dispute arbitration is hoped to be the main way to solve labor disputes in order to relieve the court's burden. But in reality, labor dispute arbitration did not achieve the desired effect.In this paper, based on my own practice and research analysis, I find that labor dispute arbitration committee has strong administrative color from the establishment and operation; the amount of arbitrator can not meet the practical needs; the quality of the arbitrators is difficult to be believed by people for people are easy to be arbitrators;labor arbitration and labor litigation has not been effective interface; the labor arbitration committee and the work of arbitrator are not supervised effectively. On the study of foreign labor dispute handling mechanism and the practical needs of China's labor arbitration ,I made the following recommendations: reform the institutional settings of the labor arbitration committee , weaken the labor arbitration committee's administrative color, implement the tripartite mechanism; reform the labor dispute arbitrator employment system to ensure the quality of the arbitrators and increase arbitrators from employers and trade union to meet the request to the surge in labor dispute cases; perfect relations of labor arbitration and labor litigation; found complaint system of union representative; give the labor arbitration committee necessary coercive measures and the corresponding power penalty and supervise the labor dispute committees and arbitrators effectively.