On The Labor Dispute Mechanism Of The Law

Labour dispute is between laborers and employing units of the dispute between laborers and employing units of the labor relationship is very common fundamental social relationship, the countries all attach great importance to the labour dispute and issued a series of laws to labour dispute handling labor disputes shall be guaranteed to deal with legal system for research has become an important subject law circle theory research results in turn promotes the perfection,2007 been called our labour legislation, issued a series of labour laws and regulations, including the people's republic of china to mediate labour disputes arbitration law come into effect from 2008, especially from the legislative level to labour dispute arbitration and labour dispute mediation made a great improvement。Through socialized network, the establishment of the mediation of the labour disputes mediation agreement is legally effective, the removal of the labour dispute arbitration committee administration and provisions of the particular circumstances of the implementation of a final and some cases the burden of proof by the employing unit to undertake such as to improve the settlement of labor disputes.the effect of Labour distupe。But the implementation of two years, in practice, to show some problems, is seriously affected the labour disputes with the effect that the reform of the original. I think our country implements the mediation, arbitration, the first trial of handling labor disputes shall have a legal mechanism non-litigation mode and the mode of the need to labour disputes.disputes procedure, each has its advantages, but due to various reasons, the negotiation, mediation, arbitration and litigation four programs advantages had not been able to fully presented the judicial practice a labour dispute handling procedures are complex situation, employees of the road to send it。Therefore, to improve our labour dispute mechanisms to deal with the law, i think the key is to grasp the handle the relationship between the various modes of the defects and improve the system, mode to eliminate all the drawbacks of the various disputes procedure for the effective linkegy perspective from catalytic the consultation mechanism, is through negotiation, mediation; reform the system give full play to mediate in labour disputes in the merits of the arbitration agreement; strengthen the legal effect, arbitration and litigation with the smooth; Reform of labor disputes procedure has made to improve our labour dispute mechanisms to deal with the law. Constructing for our national and the labor relationship, we can achieve effective integrated mode is our labour dispute mechanisms to deal with the law of the best option. Improve labour dispute mechanisms to deal with the law, the socialist legal concept and implementation of the rule of law legal effect and social effects of unification, promoting harmonious development of positive。...